The main legal point established in the judgment is the interpretation of the evidence to determine the cause of death and the calculation of compensation under the Motor Vehicles Act.

P. VISHWANATHA SHETTY, J.

( 1 ) THE appellants in this appeal are the widow and minor children of one Shanmukhappa. In this appeal, they have called in question the correctness of the judgment and award dated 19th september 1997, made in MVC No. 577/93 by the District Judge and Motor Accident Claims tribunal, Chitradurga (hereinafter referred to as "tribunal") awarding only a sum of Rs. 3,000/towards the death of said Shanmukhappa.

( 2 ) THE facts in brief:

The deceased Shanmukhappa while travelling in a lorry bearing Regn. No. DL-1g-3668 met with an accident on account of collision with lorry bearing Regn. No. DL-1g-4078. On account of his death, his wife and two minor children filed claim petition before the Tribunal seeking award of compensation of Rs. 3,20,000/ -. The Tribunal on consideration of evidence on record having found that the accident in question has taken place on account of rash and negligent driving of the lorry by its driver bearing Regn. No. DL-1g-4078, has awarded only a sum of Rs. 3,000/-towards medical expenses incurred on behalf of the deceased. However, the Tribunal rejected the claim of the claimants for award of compensation under the heads loss of dependency and consortium on the ground that death was not as a result of injuries sustained by the deceased in the accident in question. Aggrieved by the said conclusion reached by the tribunal, this appeal is filed.

( 3 ) SRI Harshavardhan, learned Counsel appearing for the appellants challenging the correctness of the impugned judgment and award strongly submitted that the finding recorded by the tribunal that death was not as a result of injuries sustained by the deceased in the accident in question is totally perverse, arbitrary and has been recorded in disregard of evidence on record. Elaborating his submission, the learned Counsel pointed out that the evidence of widow of the deceased who was examined as PW-2 shows that immediately after the accident, the deceased was admitted to Government Hospital at Chitradurga and in the said hospital, he was an inpatient for three days and thereafter, he was shifted to Government Medical College Hospital, Bellary and he was an inpatient for about 8 days and he died in the hospital. Therefore, he submits that though the nature of injuries sustained may not outwardly indicate that the injuries sustained are of such serious nature which would have resulted in death of the deceased, according to the learned Counsel, the Tribunal on the basis of evidence on record should have taken the view that death had taken place as a result of injuries sustained by the deceased in the accident in question. Therefore, the learned Counsel points out that the Tribunal having overlooked this aspect of the matter, the finding recorded by the Tribunal that death was not as a result of injuries sustained by the deceased requires to be reversed in this appeal. So far as quantum of compensation is concerned, the learned Counsel pointed out that the evidence of PW-2 shows that the deceased was working as a Coolie and his income was Rs. 1,500/- per month. He also pointed out that there is no dispute that the deceased was aged 32 years on the date of the accident and therefore, while assessing the compensation, multiplier of 17' is required to be applied. He also submitted that compensation on emotional head is also required to be awarded.

( 4 ) HOWEVER, Sri M. U. Poonacha, learned Counsel appearing for Insurance Company strongly supported the impugned judgment and award. He pointed out that since the deceased was discharged from the Government Hospital at Chitradurga against the medical advise, it must be held that death was not as a result of injuries sustained by the deceased in the accident in question. Relying upon Ex. P24, the learned Counsel pointed out that the statement made in Ex. P24 by the Sub-Inspector of Police at Bellary shows that the deceased succumbed to death on account of Tetanus due to the injuries sustained by the

Click Here to Read the rest of this document