Court determined that compensation must reflect direct injury causation for death; modified award limits to treatment expenses and pain due to accident, not extending to posthumous claims.

JUDGMENT :

G.K. ILANTHIRAIYAN, J.

1. This Civil Miscellaneous Appeal has been preferred as against the award passed in M.C.O.P.No.1264 of 2017, dated 11.08.2022 on the file of the Special District Court for MCOP Cases, Trichy.

2. The appellant is the insurer of the first respondent's vehicle. On 05.05.2015, at about 03.00 p.m., the deceased, after attending a meeting at the Government Higher Secondary School, Musiri, Trichy District, was proceeding to Perur from south to north in his TVS XL Super two wheeler bearing Registration No.TN-47-Z-8687, on the extreme left hand side of the road near Ellai Karuppu Kovil bridge. At that time, a car bearing Registration No.TN-48- H-7081, driven by its driver in a rash and negligent manner, came from the same direction and hit the deceased's two wheeler from behind. As a result, the deceased fell down and sustained injuries. He was initially taken to the Government Hospital, Musiri and thereafter, to Ortho-one Private Hospital, Musiri, on 06.05.2015. Thereafter, from 07.05.2015 onwards, he took treatment at Nallampatti, Dharmapuri District, once in fifteen days. Thereafter, he took treatment from 01.06.2017 to 11.01.2017 at the residence of Dr.Subramanian. Subsequently, he died on 12.01.2017. On the complaint, an F.I.R was registered in Crime No.285 of 2015 for the offences punishable under Sections 279 and 337 of I.P.C. Therefore, the respondents 1 to 3 being the legal heirs of the deceased, filed a claim petition.

3. On the side of the claimants, P.W.1 to P.W.4 were examined and Exs.P1 to P16 were marked. On the side of the respondent, RW1 was examined and Exs.D1 to D4 were marked.

4. On perusal of the oral and documentary evidence, the Tribunal awarded compensation to the claimants to the tune of Rs.42,56,800/-. Aggrieved by the same, the insurer of the first respondent's vehicle filed this appeal.

5. The learned counsel appearing for the appellant submitted that the accident occurred on 05.05.2015 and that the deceased took treatment for one day in the Government Hospital, Musiri. Thereafter, he joined duty as Headmaster and worked continuously from 12.06.2015 to 06.01.2017. The deceased died on 12.01.2017 due to a cardiac issue. Therefore, the death was not caused due to the injuries sustained in the accident dated 05.05.2015 and there was no direct nexus between the injuries and the death. The Doctor who examined the deceased immediately after the accident recorded the accident register, which was marked as Ex.P2. As per the said register, the deceased sustained five injuries, of which only one was a fracture in the right ankle and other injuries were lacerated wounds and simple in nature. Hence, the appellant contended that the death was not attributed to the injuries sustained in the accident and that the insurer is not liable to pay compensation. The attendance register was marked to show that the deceased attended school continuously from 12.06.2015 till 06.01.2017. Only from 07.01.2017 he suffered from certain ailments and was treated at his residence by P.W.2. Further, no post mortem was conducted to establish that the death was caused due to the injuries sustained in the accident and there is no documentary evidence connecting the injuries with the death. Despite these facts, the Tribunal without considering the above facts and circumstances mechanically allowed the claim petition and awarded compensation in favour of the claimants.

6. Per contra, the learned counsel appearing for the claimants submitted that the deceased sustained injuries all over his body and was immediately admitted to