JUDGMENT :

Raghubir Dash, J.?This appeal is against the award dated 20th may 2004 passed by the learned Second Motor Accident Claims Tribunal, Cuttack in Misc. Case No. 615 of 1996 directing the Insurance Company (Respondent No. 2) to pay a sum of Rs. 40,000 as against the claim for compensation to the tune of Rs. 3,00,000. The injured was the original claimant. During pendency of his claim-application he died. Thereafter, the present appellants were substituted. Originally, the injured had claimed Rs. 2,00,000 as compensation for the injuries he had sustained on account of a vehicular accident that had occurred on 25th May, 1996 on Cuttack Pradeep Road in which he had sustained fracture of right femur and right side clavicle, besides other multiple injuries all over his body. Subsequently, on 29th June, 1998 the injured-claimant died. His widow and children after being substituted submitted another application claiming compensation of Rs. 3,00,000 with the contention that since the injured at the time of accident was suffering from diabetes the injuries he received in the accident aggravated his diabetes status which led to different complications resulting in accelerated death.

2.