N. KIRUBAKARAN, J.

This civil miscellaneous appeal has been preferred by the claimants against the award of Rs. 20,000/- as against the claim of Rs. 1,50,000/-, for the death of one A. Nazir Jinnah.

2. The case of the claimants is that, when the deceased Nazir Jinnah was riding his tricycle from Kappalur to Thirumangalam on 17. 2000 from North to South, a Ambassador car bearing registration No. TMV-2179 driven by its driver in a rash and negligent manner hit against the tricycle and due to that impact, the deceased sustained fracture and multiple injuries, especially in the head. Initially, he was taken to Government Hospital, Thirumangalam and after giving first-aid, he was admitted in Government Rajaji Hospital, Kadurai and took treatment till 8. 2000. After that, he was readmitted in Vadipatti Government Hospital and subsequently, he succumbed to the injuries. Though the claim petition was filed by the victim on 18. 2000, the victim died on 111. 2000. Thereafter, amendment petition was filed by the parents of the deceased contending that the victim died because of the injuries sustained by him in the accident. The claim petition was contested by the insurance company by filing counter statement.

3. No counter affidavit was filed by the insurance company opposing the amendment and as result the amendment petition was allowed on 23. 2002. No additional counter statement was filed by the second respondent insurance company after amendment. The claim of the parents was that the deceased was working in a bakery and was earning about Rs. 3,000/- per month. Though they valued their loss at Rs. 2,86,000/-, they restricted their claim to Rs. 1,50,000/-.

4. Before the Tribunal the father of the deceased examined himself as P.W.1 along with P.Ws.2 to P.W.4. and marked the following documents:

1. Exhibit P-1 – First Information Report

2. Exhibit P-2 – O.P. Note book of the Government Rajaji Hospital

3. Exhibit P-3 – O.P. Record of Vadipatti Government Hospital

4. Exhibit P-4 – O.P. Record of Vadipatti Government Hospital

5. Exhibit P-5 - Death Certificate

6. Exhibit P-6 – Medical Records for having taken treatment from 8. 2000 to 9. 2000

7. Exhibit P-7 – Medical Records for having taken treatment from 9. 2000 to 19. 2000

8. Exhibit P-8 –Discharge Summary On the side of the respondents, no witness was examined nor any document was marked.

5. The learned counsel for the appellant relied upon the evidence of P.W.3, who attended and gave treatment to the deceased in Government Rajaji Hospital and he specifically relied upon the following portion of P.W.3’s evidence:

TAMIL

Relying on the said piece of evidence of P.W.3, the counsel for the appellants submitted that the victim sustained injuries in the brain and there was blood clot through out the brain. When blood clot spread throughout the brain, as stated by P.W.3, it was the cause for the death of the victim.

6. Learned counsel also relied upon various authorities to drive home the points as if any injury is caused in the brain, that will create harm to the person and death could even long interval. In this connection, he relied upon. “MODI’S TEXT – BOOK OF MEDICAL JURISPRUDENCE AND TOXICOLOGY” 19th Edition in Chapter XII- Regional Injuries Head, it is stated as follows:

“Wounds of the scalp usually heal rapidly though rare cases fatal results may follow from the supervention of infection, or suppuration may set in, and spread into the brain through the blood vessels or through necrosis of bone resulting from infection,, or through an unnoticed fissured fracture. Thus, cases have occurred in which scalp wounds have apparently healed, and yet death has occurred from septic meningitis or brain abscess after a few days or weeks.”

By relying upon the said paragraph, the counsel convincingly argued that the wound which would appear to be healed, still would cause harm to any human being. In this case, all the parts of the brain were affected as stated by P.W.3, whose tes