JUDGMENT :

J. NISHA BANU, J.

Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act 1988, against the Award dated 20.03.2003 made in M.C.O.P. No. 417 of 2001 on the file of the Motor Accidents Claims Tribunal, (Additional District and Sessions Judge cum Fast Track Court No. III) Coimbatore.

1. This appeal has been filed by the legal heirs of the claimants praying for enhanced compensation.

2. The facts of the case in brief is as follows:

(i) Originally, the claim petition seeking compensation of Rs. 50,00,000/- came to be filed by the victim of the accident viz. T. Thiagarajan, a Block Engineer by profession, for the injuries and disability sustained by him in a road accident on 25.07.1999.

(ii) The averments in the petition is that when he was traveling as a pillion rider with one Siri Giri, who rode the motorcycle bearing Reg. No. TN-72-A0796 on Anthiyur Gobi road, near Goundenpudur, Anthiyur, the first respondent who was the driver of the LMV goods vehicle bearing Reg. No. TN-51-5766 belonging to the 2nd respondent, drove the same in a rash and negligent manner and dashed against the motorcycle. The said offending vehicle was insured with the 3rd respondent/Insurance Company. Due to the said impact, the claimant sustained multiple grievous injuries on his head, left thigh and all over the body. Immediately, he was taken to Gobichettipalayam Government Hospital for first aid treatment and thereafter, as per doctor's advise, he has taken treatment at Kovai Medical Centre Hospital and K.G. Hospital.

(iii) The injured underwent treatment for the head injury, left arm and left thigh injuries. He was discharged from hospital on 26.08.1999 and was taking further treatment from 27.08.1999 to 22.12.1999 under a specialist of Neuro Physiotherapy and speech therapy. The claimant was again admitted as an inpatient and surgery was performed in the head in the same KG Hospital. On 13.01.2000 G.A. Cranioplasty was done in the head and also undergone therapy treatments. In this regard, the injured filed a claim petition in M.C.O.P. No. 417 of 2001, seeking compensation for a sum of Rs. 50,00,000/-.

3. The third respondent-Insurance Company filed counter before the Tribunal denying the negligence and liability aspects and also stated that the claim is excessive.

4. Before the Tribunal, the claimant examined himself as PW-1 and one Dr. R. Sekar who treated the claimant was examined as PW-2 and marked 21 documents as Ex.P1 to Ex.P21 on the side of the claimant. On behalf of the respondents, no oral and documentary evidence were let in.

5. The Court below after considering the pleadings, oral and documentary evidence of both sides, awarded a sum of Rs. 4,55,000/- under the following heads:

6. Subsequent to the award, the injured viz. T. Thiagarajan died on 26.03.2004 and hence, the legal heirs of the claimant have filed this Civil Miscellaneous appeal, seeking compensation for a sum of Rs. 20,00,000/-.

7. According to the learned Senior counsel appearing for the appellants, the victim was aged about 33 years at the time of accident and he was working as an Assistant Engineer and was getting a sum of Rs. 10,500/- per month as salary. He was the sole bread winner of the family. Subsequent to the said accident, on 26.03.2004, he died due to the injuries sustained. According to the learned Senior Counsel, the injured underwent series of surgeries and treatment continuously after the discharge from hospital and incurred medical expenses and therefore, sought for compensation under the head “Future medical expenses” and also prayed to enhance the com