The New India Assurance Company, challenging its liability under the award, had directed this appeal.

2. For the death of 1st respondent's husband, the Claims Tribunal had awarded the claimants totally Rs.2,36,250/-.

3. The learned counsel for the Insurance Company did not dispute the determination of quantum of compensation, but disputes the very basis of grant of compensation viz., death of deceased in a road accident.

4. Mr.Kabirdoss, the learned counsel for the appellant would submit that the deceased was already a known diabetic and an heart patient. He himself walked to the hospital. There was no post-mortem. There was huge delay in lodging the F.I.R. The evidence of R.W.1 shows that the deceased did not die due to the injury sustained in a road accident.

5. On the other hand, Mr.Sathisrajan, learned counsel for the claimants would contend that a close reading of the evidence of R.W.1 itself would show that the deceased had died due to the head injury sustained in the road accident. The FIR as well as admission of his guilt by the Driver before the Magistrate's Court would also show that the deceased had sustained mortal wound in the road incident.

6. I have giv