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2008 Supreme(Ker) 581

Judgename : J.B.KOSHY,K.P.BALACHANDRAN
Venugopal - Appellant
Versus
T.L.Paulson - Respondents
Case No : MACA.No.179 of 2005
Decided On : 11/03/2008

Advocates Appeared:For the Petitioners:P.V. Chandra Mohan, Advocate. For the Respondents:Mathews Jacob (Sr.), Advocate.

Headnote:

Motor Vehicles Act 1988 - Sections 166 & 168 - Accident claim - 1st appellant sustained serious injuries in a motor accident - 1st appellant committed suicide on account of mental depression - Thereafter, his legal representatives consisting of his wife, son, daughter and his father and mother were impleaded and the amount claimed was enhanced to Rs.5,75,000/- alleging that the 1st appellant committed suicide due to depression caused as a consequence of the injuries suffered in the accident - tribunal found that the accident occurred due to the negligent driving of the motor cycle by the 2nd respondent. The motor cycle was owned by the 1st respondent and insured by the 3rd respondent Insurance company - Held, It has been in evidence that before the accident, the deceased had no depression. There is no evidence to the effect that the deceased has suffered depression leading to suicide or any other psychological disorder before the accident. He was a happy family man before the dreadful accident. The Doctor also deposed that before the accident, no such depression was reported. From the evidence, it can be seen that his severe depression and worthilessness and helplessness came after the accident in view of the accidental injuries. In his severe depressed state, he felt that he was a greater burden to his relative's life. Suicide was his decision and worthilessness and helplessness which were the result of his depression which, in turn, resulted in the suicide - compensation should be given to the legal representative for the death as death was caused due to the mental depression developed consequent to the injuries - Reduction can be given and only 50% of the compensation payable for the death need be granted - Appeal partly allowed.

Judgment :-

Koshy, J.

The 1st appellant sustained serious injuries in a motor accident on 111.1994. He claimed compensation before the Tribunal claiming an amount of Rs.2,03,000/-. The accident occurred on 111.1994. The 1st appellant committed suicide on February, 1997 on account of mental depression. Thereafter, his legal representatives consisting of his wife, son, daughter and his father and mother were impleaded and the amount claimed was enhanced to Rs.5,75,000/- alleging that the 1st appellant committed suicide due to depression caused as a consequence of the injuries suffered in the accident. Tribunal found that the accident occurred due to the negligent driving of the motor cycle by the 2nd respondent. The motor cycle was owned by the 1st respondent and insured by the 3rd respondent Insurance company. The contention of the appellants is that death was due to the after effect of the accidental injuries was not accepted by the Tribunal and compensation awarded was only Rs.30,000/- with interest. The quantum of compensation is disputed in this appeal.

2. Claimant was aged 33 at the time of accident. The wound certificate shows that there was a smell of alcohol. The wound certificate (Ext.A2) reads as follows:

"Multiple injuries due to RTA smell of alcohol ++. C.T.Scan shows no evidence of head or visceral injuries. Treated conservatively. Multiple injuries involving right leg and shoulder."

Ext.A10(2) is the reference card issued from the Medical College Hospital, Thrissur. He was admitted in the Medical College Hospital, Thrissur and treated as an inpatient from 111.1994 till 211.1994 for 9 days. Ext.A10 reference card shows the diagnosis as depression. So, from the initial treatment period itself he was showing signs of depression. Again he was admitted in the Medical College Hospital on 112.1994 for depression and he was discharged on 212.1994. He was under continuous treatment. He produced medical prescriptions for 29 numbers as Ext.A15(1). Exts.A11 to A15 shows that the 1st appellant was under continuous treatment for depression and Ext.A12 shows that the injured made an attempt to commit suicide by consuming alcohol and 120 tablets of Eptoin. It is stated in the certificate that he consumed 120 tablets along with alcohol. He was admitted in the District Hospital, Thrissur on 12.1996 till 22.1996. He was an employee of Alagappa Textiles (Cochin) Mills. It is true that after the accident he joined duty but he took leave immediately. He has taken ESI leave for 332 days. He has taken 406 days leave during the period between 20.11.1995 to 12.1997. It is the contention of the claimants that he has rejoined duty and took leave as his behavior was not normal after the accident. Even though initially Scan report did not show any serious head injuries, PW2 Doctor who treated him stated that certain head injuries could be detected only later. It is a case of head injury and there is inability to move right side. That was the certificate issued when he was admitted for the second time on 112.1994. The certificates would show that the head injury led to depression. The Tribunal came to the conclusion that he was an alcoholic person because wound certificate shows that there was smell of alcohol and in an earlier occasion, he tried to commit suicide by consuming 120 tablets of Eptoin (phenobarbitone prescribed to him) along with alcohol. This is also due to depression and mental problem. But there is no evidence to show that he was an alcoholic or depression occurred due to alcoholism. A deceased person cannot be called as an alcoholic without any material. PW2, Dr.Mahadevan, stated that he had no depression before the accident. The Doctor certified as follows:

"After perusing all his medical records provided and history from his close relatives, according to my opinion he committed suicide most probably due to Post traumatic chronic depression, a Sequelae of head injury sustained in RTA."

The medical certificate produced shows th
















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