JUDGMENT

(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the award and decree dated 18.07.2019 made in M.C.O.P.No.2092 of 2016 on the file of the Motor Accident Claims Tribunal, Special Subordinate Judge No.2, Salem.)

1. The Insurance company has filed the above appeal challenging the award passed by the Tribunal below on the ground that the Tribunal has erred in treating the death of the original petitioner as one on account of the injuries sustained by him in a road accident when no nexus between injuries and the death has been shown. In order to appreciate the above contention, it is necessary to briefly touch upon the facts which culminated in the filing of this Appeal. The parties are referred to in the same rank as before the Tribunal.

2. The original petitioner one Mahendran had filed M.C.O.P.No.2092 of 2016 on the file of the Motor Accidents Claims Tribunal, Salem, claiming compensation of a sum of Rs.20,00,000/- for the injuries sustained by him in a road accident on 07.05.2016.

3. The said Mahendran was claimed to be running a Mess and earning a sum of Rs.50,000/- per month. The said Mahendran was 43 years of age at the time