In the absence of evidence establishing the cause of death, if the injury sustained by the deceased and the accident is proved, the Tribunal should consider granting compensation.

Subhas B. Adi , J.—Respondent No. 2 is the driver of the vehicle against whom no claim is made. Considering the same, notice to Respondent No. 2 is dispensed. There is a delay of 228 days in filing the appeal. Though contesting respondents are served and represented, no objections are filed. Hence, cause shown is accepted. Delay of 228 days in filing the appeal is condoned. Accordingly, Misc. Civil No. 9727/2011 is allowed.

2. This is claimant's appeal against the judgment and award dated 10th March, 2010 in MVC No. 260/1996 on the file of the MACT, Bangalore Rural District dismissing the claim petition for compensation.

3. The Tribunal has dismissed the petition on the ground that there is no nexus between the death of the deceased and the accident as the accident occurred on 21st March, 1996 and the death of the deceased occurred on 15th March, 2000. The cause of the death is not known. Further no post mortem report or medical evidence is produced to prove that the death was due to the accident. The Tribunal has held that there is no nexus between the death and the injury suffered by the deceased. However, the deceased had filed a claim petition claiming compensation for the injuries suffered by him in the accident. Though the cause of death is not established, but, if the accident is proved injury and sustained is proved, the Tribunal should have calculated the expenses incurred by the deceased for treatment and incidental expenses. Even after the remand, the Tribunal has rejected the petition only on the ground that there is no nexus between the death and the accident. In my opinion, even in the absence of such evidence, if the injury sustained by the deceased and the accident is proved, the Tribunal might have considered the same and granted compensation. Hence, it is appropriate to again remand the matter to the Tribunal for fresh disposal after considering as to whether the accident is proved and also as to whether the deceased had suffered injuries.

4. Accordingly, petition is allowed. Judgment and award dated 10th March, 2010 passed in MVC No. 260/1996 on the file of the 1st Addl. District and Sessions Judge, Motor Accident Claims Tribunal, Bangalore Rural District, Bangalore is set aside. Matter is again remanded to the Tribunal for fresh disposal after considering as to whether the accident is proved and also as to whether the deceased had suffered injuries.