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2005 Supreme(Kar) 543

K.SREEDHAR RAO
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
SYED MAHABOOB SINCE DECEASED BY L. RS. – Respondent


K. SREEDHAR RAO, J.

( 1 ) THE petitioner in m. V. C. No. 2283 of 1992 sustained fracture of fibula in a motor vehicle accident. The petitioner died during the pendency of the petition and for the reason other than the injuries sustained in the accident. The wife and children of the petitioner have come on record. The Tribunal awarded compensation of Rs. 1,71,000 with interest at 6 per cent from the date of petition till payment.

( 2 ) THE Tribunal has granted compensation towards loss of income on account of disability. The entire approach of the tribunal in assessing the compensation is totally erroneous. The Full Bench of this court in Kannamma v. Deputy General manager, Karnataka State Road Trans. Corpn. , 1991 ACJ 707 (Karnataka), has held that in case of death of a petitioner who has sustained personal injuries for the reasons other than the injuries sustained in the accident, the legal representatives are entitled only to the compensation for the loss to estate. The medical expenses and the incidental expenses and loss of income during the laid up period are the one to be considered as loss to estate. Petitioner has sustained fracture of fibula. It is reasonable to assess t


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