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2010 Supreme(Mad) 5395

R.SUDHAKAR
National Insurance Co. Ltd – Appellant
Versus
K. P. Kuppusamy – Respondent


Advocates Appeared:
For the Petitioners:M.B. Ragavan , Advocate.
For the Respondent:R1 & R2 - M. Sriram, Advocate, R3 & R4 ex parte in the tribunal.

Judgment :-

1. The National Insurance Company is on appeal challenging the award dated 7.3.2002 passed in M.C.O.P.No.187 of 1994 on the file of the Motor Accidents Claims Tribunal (Principal Sub Court), Coimbatore.

2. It is a case of fatal accident. The brief facts of the case are as follows:- The accident in this case happened on 5.10.1991. One Rathinam alias Rathinabai, wife of K.P.Kuppusamy, 50 years old agriculturist was walking on the Gandhipuram Cross Cut Road. She was hit by a motorcycle driven by the third respondent, owned by the fourth respondent and insured with the appellant. In that accident, she suffered grievous head injury. She was taken to Ellen Hospital and surgery was done to the head region. It is stated that she could not regain her conscious even after operation. She was kept in Intensive Care Unit from 6.10.1991 to 22.4.1992. A claim petition claiming compensation in a sum of Rs.7,00,000/- was filed by the injured claimant represented by next friend and husband K.P.Kuppusamy in view of the serious health condition of the injured. Thereafter, the injured died on 4.11.1997 and the claim was amended. Consequent to the death, the legal heirs of the deceased Rathi


































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