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ASHUTOSH J. SHASTRI
National Insurance Company Limited – Appellant
Versus
Kalubhai Bhikhabhai Mir Thro'Aabedaben Wd/o. Kalubhai M. – Respondent
JUDGMENT :
1. The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed against the judgment and award dated 15.06.2009 passed by the Motor Accident Claims Tribunal (Auxiliary) Fast Tract Court No. 2 at Vadodara (for short the “Tribunal”) in M.A.C.P. No. 1104 of 1998 awarding compensation of Rs.2,88,000/- to the claimants.
2. The brief facts which have given rise to filing of this appeal are that the claimants are the legal heirs of deceased Kalubhai Bhikabhai Mir, who died in a motor vehicular accident which took place on 04.07.1994 at about 12:00 noon on National Highway No. 8, near Nandesari Village. On account of such accident which took place, Kalubhai succumbed to injuries and died. As a result of this, to recover the amount of compensation, claim petition was submitted under Section 166 of the Motor Vehicles Act for claiming compensation of Rs.5 lakhs.
2.1. It is further reflecting from the record that during the pendency of the claim petition, original claimant namely, Kalubhai who had suffered injuries expired in month of February, 2005. As a result of this, the applicants being legal heirs submitted an application at Exhibit-11 for being joine
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.
Point of Law : Only due to non-production of postmortem report, claim for compensation would not be defeated.
The court confirmed the nexus between accident-related injuries and subsequent death due to tetanus, holding the insurance company liable for compensation.
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