N.ANANDA
DAKSHAYANI – Appellant
Versus
KSRTC BY ITS DIVISIONAL MANAGER, – Respondent
N. Ananda, J.-This is a claimants' appeal for enhancement of compensation.
2. I have heard learned counsel for parties.
3. The I-claimant is the wife of late Virupakshaiah and other claimants are the daughters and son of late Virupakshaiah, who met with a motor vehicle accident that took place on 14.09.2006. As a result of accident, deceased had suffered following injuries:-
(I) Lacerated wound on medial part of right foot measuring 20 cms × 10 cms with acute bleeding.
(II) Fracture of calcanium bone.
Even after prolonged treatment, his condition did not improve. The right foot was completely swollen. The injury on right foot was infected. The deceased became disgusted due to deteriorated condition of his right foot. He committed suicide on 14.04.2007. The Tribunal has awarded global compensation of Rs. 35,000/-.
4. The learned counsel for claimants, has relied on judgment of Kerala High Court, reported in AIR 2009 Ker. 86 in the case of Venugopal Narayanan Nair and Others vs. T.L. Paulson and others wherein it is held "whether by 'accident'-motor accident victim committing suicide due to depression-Medical evidence indicating that depression arose consequent to head injuries sus
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