If the cause of death is integrally connected with the injury sustained in an accident and is one in the chain of causa causans, the cause of death must be attributed to the injury suffered in the accident.

( 1 ) THIS appeal under section 173 (1) of the Motor Vehicles Act, 1988 ('the Act'), is at the instance of the applicants under section 163-A of the Act and is directed against the award dated 14. 7. 2003 passed by the Motor Accidents claims Tribunal, Aandn Islands, Port Blair.

( 2 ) BY the said award, the Tribunal has allowed the claim of the appellants in part to the extent of Rs. 1,90,570. The Tribunal has awarded the aforesaid amount only for the injury sustained by the deceased but no amount has been sanctioned for the loss of life.

( 3 ) BEING dissatisfied, the applicants have come up with the present appeal.

( 4 ) THE following facts are not in dispute: on 3. 9. 1997, the predecessor-in-interest of the present appellants was proceeding on foot from Aberdeen Bazaar towards his residence when a taxi bearing No. AN 6426 dashed against him, as a result, he sustained bleeding injuries including fracture of his right leg. The victim underwent treatment as an indoor patient in G. B. Pant hospital for one month. As his condition did not improve, he was referred to N. R. S. Medical College, Calcutta for better treatment and accordingly he was shifted to calcutta and was treated as an indoor patient in N. R. S. Medical College, Calcutta from 14. 10. 1997 to 25. 10. 1997, when he was discharged on request.

( 5 ) HE thereafter, got himself admitted to Sundarlal Hospital, B. H. U. , Varanasi on 28. 10. 1997. On 17. 11. 1997, although he was discharged from that hospital but he was 'kept in follow-up' as it appears from case summary of the hospital. However, his condition again became serious and was again admitted to the said hospital on 2. 1. 1998 and was discharged on 16. 1. 1998. He was again brought to the hospital on 16. 1. 1998 and ultimately, he died there on 29. 1. 1998.

( 6 ) AT the time of death, the deceased was working as a Radio Operator in the police Wireless of Aandn Islands Police force and he used to receive a monthly salary of Rs. 8,748. He was 45 years of age on the date of accident and claimants prayed for compensation of Rs. 9,19,292.

( 7 ) THE application was opposed both by the owner of the vehicle and the insurance company disputing the allegations made in the application.

( 8 ) AT the time of hearing, the claimant examined as many as six witnesses and proved various documents which were marked as Exh. 1 to Exh. 6. The owner of the vehicle, however, examined Branch manager of insurance company as OPW 1. He proved insurance certificate relating to the offending taxi. The insurance company, on the other hand, examined the investigating officer of the concerned criminal case. He proved the final report submitted by him upon conclusion of the investigation.

( 9 ) ULTIMATELY, learned Tribunal below, on consideration of the materials on record, came to a conclusion that the deceased was really involved in the accident caused by the vehicle owned by the respondent no. 1. It has been further found that the vehicle was covered by a valid insurance of the respondent No. 2. However, the tribunal was of the view that the death occurred, not due to accident, but due to the fact that the victim was subsequently attacked with pneumonia and as he was a diabetic patient, renal failure was also the cause of the death.

( 10 ) THE Claims Tribunal, thus, came to the conclusion that the claimants were not entitled to get compensation for the loss of life but should be entitled to the same only for the injuries which would have effect of partial permanent disablement of 15 per cent. According to the Tribunal, since the victim was aged between 45 and 50 years, multiplier of 13 should be applicable and in such a case, after taking into consideration his monthly income the total compensation comes to Rs. 12,70,464. However, the injury having been assessed to be 15 per cent, the Claims Tribunal assessed the amount at Rs. 1,90,570.

( 11 ) MR. N. N. Nag, the learned advocate appearing on behalf of the appellan