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T. G. SHIVASHANKARE GOWDA
National Insurance Company Ltd. – Appellant
Versus
Menpa Maistry – Respondent
JUDGMENT/ORDER
1. In this appeal the appellant has challenged the judgment dtd. 3/3/2014 passed in M.V.C.No.1847/2010 by the Principal Senior Civil Judge & Motor Accident Claims Tribunal, Mangalore (Hereinafter referred to as 'Tribunal' for short).
2. The appellant-insurance company was the second respondent, respondent Nos.1 and 2 were the petitioners, and respondent No.3 was respondent No.1 before the Tribunal. The parties will be referred with respect to their status before the Tribunal for the sake of convenience.
3. Briefly stated, the facts are that, one Ravi, the deceased, was the son of the first petitioner and brother of second petitioner. They were the residents of Mudigere Taluk. The deceased was suffering from Jaundice. On 13/4/2010, for higher treatment, he was carried in an Ambulance bearing No.KA-13/M- 0472 from Chikmagalur to Mangalore. At about 2.30 a.m., at Kodekkal Railway over bridge, Alape village it was driven by its driver in a rash and negligent manner and toppled, causing injures to the deceased. He was succumbed to the injuries at Mangalore Hospital.
4. The petitioners moved the Tribunal seeking compensation that the deceased died on account of the accident
The court affirmed the nexus between the accident and death, enhancing compensation to Rs.14,71,904 due to confirmed injuries leading to bronchitis.
Point of Law : Only due to non-production of postmortem report, claim for compensation would not be defeated.
The Tribunal must address the cause of action and re-cast issues when a claimant dies during proceedings, ensuring all objections are considered.
The court affirmed that injuries from a motor vehicle accident can establish causation for subsequent death, emphasizing the importance of medical evidence linking the two.
The main legal point established in the judgment is the determination of just compensation based on the nexus between the accident and the claimant's demise, irrespective of the claimant's financial ....
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