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BIRENDRA KUMAR
Late T. P. Vishvnath Naiyar S/o T. K. P. Naiyar – Appellant
Versus
United India Insurance Company Limited – Respondent
JUDGMENT :
1. The appellants are not satisfied with the quantum of compensation decided by the Motor Accident Claims Tribunal Jaipur City, Jaipur in Claim Petition No.504/2015 vide award dated 05.05.2016. Hence this appeal Under Section 173 of The Motor Vehicles Act, 1988.
2. One Mr. T.P. Vishvnath Naiyar met with motor vehicle accident while crossing the road on 22.11.2006. As per the eyewitness the accident was caused due to rash and negligent driving of the vehicle bearing Registration No.RJ-14-1C-4052. For the accident aforesaid FIR No.224/2006 was registered with Adarsh Nagar Police Station against the driver of the offending vehicle. After investigation of the case, the Police submitted charge-sheet against the driver. Copy of the FIR and charge-sheet are exhibited documents on the record.
3. In the Accident aforesaid, Mr. T.P. Vishvnath Naiyar sustained fracture on shaft of right tibia and right fibula as well as fracture of right fifth and sixth ribs. Mr. T.P. Vishvnath Naiyar filed a claim case on 18.01.2007 before the Motor Accident Claims Tribunal. On 15.12.2008, Mr. T.P. Vishvnath Naiyar died. Thereafter, the appellants who are widow and two sons of Mr. T.P. Vishvnath Naiy
Point of Law : Only due to non-production of postmortem report, claim for compensation would not be defeated.
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.
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