The main legal point established in the judgment is the determination of compensation in personal injury cases under the Motor Vehicles Act, 1988, and the principles outlined in the decision of G. Ravindranath @ R. Chowdary Versus E. Srinivas and another, 2013(12)SCC 455.

AVNEESH JHINGAN, J.

1. The present appeal is against the award dated 12.2.2000 passed by the Motor Accidents Claims Tribunal, Ambala (hereinafter referred to as 'the Tribunal').

2. The claim petition was filed by Biro Devi widow of Balak Ram (deceased) and four sons-Ram Kishan, Om Parkash, Pardeep Kumar, Krishan Kumar and one daughter Shakuntla. The claim petition was filed claiming compensation of Rs. 10,00,000/- on account of death of Balak Ram.

3. The facts as stated in the claim petition are that on 14.8.1997 Balak Ram along with his son Ram Kishan went to Khadi Ashram, Pinjore to purchase tri-colour flag. At about 10:15 a.m., when they were going to Bus stand, Pinjore, a Cielo Car having registration No. HP-02-5805, which was being driven by Mehar Lal in a rash and negligent manner, struck Balak Ram from behind. As a result of the accident, Balak Ram suffered multiple injuries including fracture of ribs, back bone etc. Balam Ram was admitted in PGIMER, Chandigarh, on 14.8.1997 and was discharged on 21.8.1997. His follow up treatment was there in PGI upto 6.10.1997. Unfortunately, Balak Ram expired on 4.1.1998. After his death, the claim petition was filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs. 10,00,000/- on account of death of Balak Ram.

4. The Tribunal after considering the evidence and witnesses, came to the conclusion that it was not established that death had occurred as a result of accident and the claim petition was dismissed.

5. Aggrieved of the said award, the instant appeal has been filed before this Court.

6. Heard learned counsel for the parties and perused the paper book with their able assistance.

7. Learned counsel for the appellant has argued that the Tribunal has erred in dismissing the claim petition as the death was due to the accident. Learned counsel contended that gap of 4 ½ months between the accident and the death will not prove that death was not due to the accident. The counsel further pleaded that the issue of accident occurring because of the negligent and rash driving of the Cielo Car is not disputed (it may be mentioned here that the registration number of the Cielo Car at the time of accident was HP-02-5805 which was changed to HP-01-1224 w.e.f. 16.9.1997). It was argued that Balak Ram suffered multiple injuries including fracture of ribs, back bone etc. because of accident, yet no amount of compensation has been awarded by the Tribunal. Learned counsel further argued that while quantifying the compensation the fact that the deceased remained on bed till death should have been considered. Learned counsel contended that the deceased was hospitalised from 14.8.1997 to 21.8.1997 and thereafter also, there was a follow up treatment in PGI upto 6.10.1997. The Tribunal has not even granted medical expenses. No expenses has been awarded under the heads, pain and suffering, rich diet and for the attendant.

8. Learned counsel for respondent No.3 argued that the claimants had not adduced any income proof of the deceased. All the claimants are major. Learned counsel further argued that there was a time gap of 4 ½ months between the accident and the death, therefore, it cannot be said that death occurred due to accident and death might be for some other reason.

9. Learned counsel fortified his argument by stating that no Doctor was examined by the claimants to show that the death was due to accident and no postmortem of the deceased was done. Learned counsel further argued as the claim petition was dismissed, the appellants, were not entitled to any compensation under any heads.

10. The contention that deceased died due to accident, cannot be accepted. The accident occurred on 14.8.1997. Balak Ram was admitted in PGI and was discharged on 21.8.1997. Balak Ram expired on 4.1.1998. Statement of Doctor Ashim Wokhlu, PW3, was recorded stating Balak Ram was discharged from PGI in good condition and at the time of discharge, he only had fracture and except that his ove