The main legal point established in the judgment is the requirement to establish a direct nexus between the injuries sustained in an accident and the subsequent death of the victim to claim compensation under the Motor Vehicles Act.

JUDGMENT :

R. Subbiah, J.

Prayer: Civil Miscellaneous Appeals are filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 12.09.2018 passed in M.C.O.P.No.184 of 2015 on the file of Motor Accident Claims Tribunal, Principal District Judge, Ariyalur.

1. These appeals are heard through Video Conferencing.

2. For the sake of convenience, the parties are hereinafter referred to as they are arraigned before the Tribunal as Insurance Company and claimants.

3. Not being satisfied with the quantum of compensation awarded by the Tribunal, in and by its judgment dated 12.09.2018 passed in M.C.O.P.No.184 of 2015 on the file of Motor Accident Claims Tribunal, Principal District Judge, Ariyalur, claimants have filed C.M.A.No.3913 of 2019. Questioning the liability fastened on the Insurance Company to pay compensation, the Insurance Company had filed C.M.A.No.4575 of 2019.

4. Since both appeals arise out of one and the same judgment, they are disposed of by this common judgment.

5. The brief facts of the case are as follows:

Claimants are the wife, minor children and parents of the deceased Senthil Kumar. On 17.07.2015 at about 1.15 p.m., while the deceased was riding his motorcycle bearing Registration No.TN-46-B-3971 on the left side of the Venna Kaikatti to Ariyalur Main Road, a TATA Ace goods carriage van, bearing Registration No.TN-61-E-9496, came in a rash and negligent manner and dashed against the two-wheeler in which the deceased was riding. As a result of the said accident, he sustained grievous injuries. Immediately, the deceased was admitted at Government Hospital, Ariyalur and thereafter, he was admitted at Trichy Githanjali Hospital for further treatment, wherein he was treated as in-patient for 15 days. In the accident, his right leg above knee was crushed and the same was amputated. Thereafter, the deceased was discharged from the hospital. The deceased filed a claim petition seeking compensation of a sum of Rs.65,50,000/- for the injuries sustained by him in the accident. Pending the claim petition, the deceased died on 11.04.2017 due to heart attack. Hence, the legal heirs of the deceased have been impleaded as claimants before the Tribunal.

(b) The claimants have stated that, at the time of accident, the deceased Senthil Kumar's body weight was 60 kgs. and in view of the injuries sustained by him in the accident, he was permanently bed-ridden. On account of the same, his weight had increased to 90 Kgs. Similarly, the cholesterol level of the deceased had also excessively increased, which had resulted in his heart attack. Thus, the claimants contend that the death was only due to the injuries sustained in the accident.

6. Resisting the claim made by deceased, the Insurance Company had initially filed a detailed counter statement, inter-alia contending that the accident had not occurred in the manner as projected by deceased. They have also denied the age, occupation and income of deceased. The Insurance company had also filed an additional counter statement, denying the claim of claimants that due to the injuries sustained in the accident, the deceased was confined to bed, owing to which, his weight had increased from 60 to 90 Kgs., his cholesterol level had excessively increased and he died on 11.04.2017 due to heart attack. It was further stated that the accident occurred on 17.07.2015 and the deceased was discharged from the hospital on 01.08.2015. The deceased also appeared before the Medical Board, and the Board had also issued Ex.P-16 certificate assessing his disability at 80%. At the time of discharge, the health of the deceased was in good condition. Moreover, the deceased died only on 11.04.2017, i.e., after a period of 18 months of the accident. Therefore, the claim of the claimants that the deceased died due to the injuries sustained by him in the accident, is totally unsustain