The legal maxim Actio Personalis Moritur cum Persona and the importance of medical records in determining the cause of death and quantum of compensation.

Insurance Company and the owner have filed this appeal, aggrieved over the award, dated 16.04.2001, made in MACTOP No.159 of 1994, on the file of Motor Accident Claims Tribunal (Principal Sub-Court), Tindivanam, awarding a compensation of Rs.2,00,000/-, as against the claim of Rs.3,00,000/-.

2. There is no dispute about the manner of accident and the liability fixed on the driver, for causing the accident.

3. One Mannan suffered injuries in a road traffic accident on 210. 1993 at about 07.15 p.m., while he was going along Gingee-Chetput Road, on account of rash and negligent driving of the driver of the bus, belonging to first appellant. The said Mannan was engaged in the business of purchasing and selling milch animals and earning a sum of Rs.3,000/- per month. It is also in evidence that he was leading goats, among which 10 goats died in the accident on the spot. Gravity of the accident is depicted by the said circumstance.

4. Originally, the said Mannan filed the claim petition for a compensation of Rs.1,10,000/- and since he succumbed to injuries pending the claim petition, the claimants, after their impleadment as wife, son and daughters, prayed for an enhanced compensation of Rs.3,00,000/-.

5. The main contention of the claimants/respondents is that Mannan died due to the injuries, which he suffered in the accident and there was no other cause for his death.

.6. The Insurance Company makes a scathing attack on the contention of the claimants with regard to the death of the deceased, stating that he did not die on account of injuries he received in the accident, but he met with his ill-fate by some other means. It is also argued that it is the bounden duty of the claimants to establish the cause of death of the said Mannan.

7. There is no debate with regard to the negligence attributed on the part of driver of the vehicle belonging to first respondent. The insurance coverage is also far from dispute.

8. The accident took place on 210. 1993, while Mannan died on 12.04.1995, after a period of 18 months. The legal maxim Actio Personalis Moritur cum Persona is also projected on behalf of the appellants and it is represented that the action ceases with the person, who died. It is noteworthy to note that after the death of Mannan, his corpse was not subjected to autopsy. So, a connecting link is missing, to find out the cause of death. Therefore, this Court is left with no other option except to analyse the other circumstances and records available in this matter.

9. It is seen from the award of the tribunal that while Mannan was alive, he accepted to compromise the matter, by receipt of Rs.18,000/- and a memo to that effect was also prepared, in which he had not inked, but his advocate signed. However, on the basis of the said document, the Court could not come to a conclusion.

10. Son of the deceased wasexamined as P.W.1, who deposed that in the accident, his father suffered head injury; he lost two teeth and also received various injuries; he was admitted to Pondicherry Jipmer Hospital from where he was removed to Government Hospital, Chennai, and he got discharged from the said hospital, since he was informed that he would recover soon.

.11. Ex.A-2 is the copy of the Accident Register, issued to Mannan, in which nine injuries are described, out of which the first injury is a lacerated injury 5 x ½ x 3 cms. on the left side of the forehead and others are contusions and abrasions on various parts of the body. Ex.A-3 is the copy of O.P.Ticket, issued to Mannan, by General Hospital, Madras. Ex.A-4 is another Accident Register, issued to Mannan, by Government General Hospital on 27.02.1995, wherein it is stated that about one year ago, he was hit by a bus and the patient was referred from Neuro O.P. in the same hospital for A.R. entry and he was complaining of giddiness. Thereafter, he was referred to Neuro O.P. Ex.A-6

is the Discharge Slip, issued by Pondicherry Government Hospital, for a lacerated injury