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2008 Supreme(Mad) 4781

S.MANIKUMAR
Divisional Manager, New India Assurance Co. Ltd. – Appellant
Versus
S. V. Mani – Respondent


Advocates Appeared:
For the Appellant : Bijoy Karthikeyan
For the Respondent: M. Gnanagurunathan

JUDGMENT :

S. Manikumar, J.

The question posed before this Court is whether the legal representatives/dependants are entitled to the compensation awarded for pain and suffering, experienced by the deceased and the injuries sustained by him in the accident?

2. Facts leading to the appeal are as follows:

In a road accident which occurred on 29.6.1999, one Vadamalai sustained multiple injuries. He claimed compensation of Rs. 2,00,000/- under various heads. During the pendency of the claim petition, he died. Consequently, the legal representatives/respondents were brought on record. The respondents-claimants failed to examine a doctor nor produced any documentary evidence to prove that the death was due to the injuries sustained in the accident. On evaluation of pleadings and evidence, the Tribunal found that there was no nexus between the injuries and the cause of death. However, taking into consideration the period of hospitalisation and the nature of injuries sustained by the deceased, viz., fractures of tibia and fibula and in the left toe, the Tribunal, awarded Rs. 30,000 for inju

































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