The central legal point established in the judgment is the need to establish a causal connection between a motor vehicle accident and the eventual death of the victim in order to succeed in a claim for compensation.

1. This appeal u/s 173 of Motor Vehicle Act has been filed by the claimant challenging the judgment and award dated 15.2.2014 passed by the Motor Accident Claims Tribunal, Morigaon in MAC Case No. 137/2009.

2. Brief facts of the case, relevant for disposal of this appeal are that on 11.3.2009 one Thomas Amsong was travelling in a vehicle bearing registration No. AS-21/B-0221, owned by respondent No.1 and insured with respondent No.2, Oriental Insurance Company Ltd. The vehicle met with an accident due to rash and negligent driving and as a result, Thomas Amsong sustained injury. Immediately after the accident he was taken to Public Health Centre, Umpani, wherefrom he was shifted to GNRC Hospital, Guwahati. As the victim sustained disability because of suffering injury and was bed ridden, the claim petition was initially filed on behalf of the injured (since deceased) by his wife, seeking compensation. During pendency of the claim petition, the injured died and the claim petition was amended by converting it into the death claim.

3. Learned Tribunal dismissed the claim petition by the impugned order, on the ground of maintainability. Feeling aggrieved, the claimant has preferred the instant appeal.

4. Mr. R. Goswami, learned counsel for the appellant and the learned counsel for the respondents were heard.

5. Learned counsel for the appellant urged before this Court that the Tribunal ought not to have dismissed the claim petition on the ground of maintainability, inasmuch as, the death of the victim was caused due to the injury sustained in the Motor Vehicle Accident. Learned counsel contended, that initially the claim petition was filed seeking compensation for the injury and subsequently due to death of the injured, the claim petition was amended, and therefore, learned tribunal committed serious error by rejecting the claim petition mechanically, on the ground of maintainability, without taking into account the evidence and materials brought on record. Mr. Goswami, learned counsel for the appellant further submitted relying on the decision of this Court in the case of Union of India and another V. Bhola Rai reported in 2011 ACJ 2603, that in a claim case, if the claimant can prove the casual connection between the accident and the injury or the death, the claim petition cannot be thrown away. Contention of the learned counsel for the respondent was that there was no evidence to prove, that the death of the victim was due to the injuries sustained due to vehicular accident and therefore claim petition was rightly rejected by the triubunal.

6. In view of the submission of the learned counsel and the materials brought, on record, it appears that the only question to be answered for disposal of this appeal is whether the victim Thomas Amsong died out of the injury sustained due to accident?

7. The claimant stated in his evidence that after the accident, the victim was taken to Public Health Centre, Umapani, wherefrom he was shifted to GNRC. The victim was treated at GNRC for 41 days. After release from the GNRC hospital, the victim was treated at Mercy Hospital, Nogaon. According to claimant the victim was also treated at Nellie Civil Hospital and Morigaon Civil Hospital. However, he did not recover from his injury and ultimately died on 9.2.2013. Evidently accident occurred on 11.3.2009 and victim died on 9.2.2013. The claimant produced the medical documents being Ext. 4 to Ext. 122 indicating that the victim was hospitalised in GNRC hospital for 41 days. Ext. 5 shows that the victim Thomas Amsong sustained head injury and fracture of right radius. Ext. 6, 7, 8, 9, 11 and 12 show that he was continuously under the treatment for ailments and health complicacy related to the injuries. Ext. 11 & 12 show that because of complicacy arising out of the injury related ailment, the Civil Hospital Morigaon referred the v