IMPORTANT POINT
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.

ORDER :

Narendra Kumar Vyas, J.

1.The appellant – Insurance Company has preferred this Miscellaneous Appeal under Section 173 of the Motor Vehicle Act being aggrieved with the award dated 8-11-2016 passed by the learned Motor Accident Claims Tribunal, Kondagaon, District Kondagaon (CG) in M.A.C.C. No. 03 of 2014 (Smt. Sukhiyarin and others vs. Ravindra Kumar Wadde and others) whereby the learned Motor Accident Claims Tribunal has awarded compensation of Rs.8,07,400/- along with 9% interest from the date of filing of the claim petition till the final payment is made to the claimants.

2.Brief facts as reflected from the record are that the respondents No.1 to 3 are the legal heirs / representatives of deceased Lakhanram. On 5-4-2013 at about 8.00 a.m., one Mahindra Tractor bearing registration No. CG 17 G-4925 which was rashly and negligently driven by its driver/respondent No.4 dashed the deceased Lakhanram who was on his motor-cycle nearby village Bohda which is situated on the way from Kondagaon to Narayanpur main road, as a result of which Lakhanram sustained grievous injuries and he was brought to District Hospital, Narayanpur and thereafter looking to his serious condition he was referred to Government Maharani Hospital, Jagdalpur where he was admitted till 10-4-2013 and during this period his left leg was operated and amputated below knee and thereafter he succumbed to death on 5-5-2013. It is alleged that prior to accident, deceased Lakhanram was aged about 40 years old and he used to earn Rs.5000/- per month by doing agricultural work.

3.Respondents No. 1 to 3 being wife and children of the deceased Lakhanram have filed a claim case under Section 166 read with Section 140 of the Motor Vehicles Act against the driver, owner and insurer of the offending tractor and in respect of said accident offence under Sections 279, 337 & 304 (A) of IPC has also been registered in Police Station Benur against the respondent No.4 who is driving of the offending tractor and after due investigation, challan was filed.

4.The claimants/respondents No. 1 to 3 to substantiate their claim before the Claims Tribunal examined the witnesses namely Smt. Sukhiyarin Bai (PW/1), Bijju (PW/2) and exhibited documents ie., final report under Section 173 of Cr.P.C in connection with criminal case registered against respondent No.4 (Ex.P/1), FIR under Section 154 of Cr.P.C (Ex.P/2 & P/3), Crime details form (Ex.P/4), application for medical examination (Ex.P/5), Merg intimation (Ex.P/6), property seizure memo (Ex.P/7), Naksha Panchayatnama (Ex.P/8), application for postmortem (Ex.P/9), postmortem report (Ex.P/10) and arrest memo (Ex.P/11).

5.The Insurance Company/respondent No.3 has filed written statement denying the allegation contending that respondent No.1 was driving the vehicle rashly and negligently and also denied that the deceased was aged about 40 years and was earning Rs.5,000/- per month by doing the agricultural work. It has also been stated that the deceased was not having a valid driving licence to drive the vehicle at the time of accident, therefore, the respondent No.3/Insurance Company is not responsible to pay the compensation. It has also been contended that there is a breach of policy of the Insurance Company, therefore, the respondent No.3/Insurance Company is not responsible for payment of compensation to the claimants. It has also been contended that since respondents No. 1 and 2 had collieded , therefore, they be allowed to take all the defence available to them as per Section 170 of the Motor Vehicles Act.

6.Respondent No.1 & 2 have filed their written statement denying the fact that accident has taken place because of rash and negligent driving of the Tractor bearing registration No. CG 17 – G 4925 by the respondent No.4 a a result of which the deceased sustained injuries. It has also been denied that the claimants are legal representatives of the deceased Lakhanram and prayed for dismissal of the claim application.

7.PW/1 Sukhiyarin B