The court confirmed the nexus between accident-related injuries and subsequent death due to tetanus, holding the insurance company liable for compensation.

JUDGMENT :

SANDEEP JAIN, J.

Order on Civil Misc. Application No. Nil of 2025

1. Learned counsel for the appellant-insurance company submitted that respondent no. 3- Gaurav Dubey, has died on 25-4-2024, and his legal heirs are already on record, as such, an endorsement to this effect be recorded in the memo of appeal in the array of parties after his name.

2. Learned counsel for the claimants-respondents has not opposed the above application.

3. In view of this, the application is allowed

4. Learned counsel for the appellant-insurance company is directed to incorporate the required endorsement in the memo of appeal today.

Order on Appeal :-

1. The instant appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the Insurer of the offending car no. UP-78-Q-9280 against the impugned Judgment and Award dated 25.01.2011 passed by Motor Accidents Claims Tribunal/ District Judge, Etawah, in Motor Accident Claim Petition No. 403/2008 (Smt. Luxmi Devi Dubey and three others v. Smt. Anwari Begum and another), whereby for the untimely death of Ramakant Dubey on 12.02.2008 due to the injuries suffered in a road accident which occurred on 21.01.2008, a compensation of Rs. 13,57,000/- along with interest at the rate of 6% per annum has been awarded to the claimants which has been ordered to be indemnified by the Insurer of the aforesaid offending vehicle.

2. Learned counsel for the appellant- Insurance Company submitted that there was no negligence of the offending driver in the alleged accident, but the Tribunal has held otherwise. Learned counsel submitted that at the time of accident, an ox suddenly crossed the road, and in order avoid collision with it, the driver swerved his car and hit the deceased, in which, there was no negligence on the part of the offending car driver. It was further submitted that the deceased did not suffer any fatal injury in the accident. In fact, after treatment, he was discharged from the hospital on 3-2-2008, but due to tetanus, he was again admitted to the hospital on 4-2- 2008, where he died during treatment on 12-2-2008. He further submitted that there was no nexus between the injuries suffered by the deceased and his cause of death, which was tetanus, as such, the Tribunal has erred in concluding that the deceased died due to the injuries suffered in the accident. With these submissions, it was prayed that the appeal be allowed and the impugned judgment and award of the Tribunal be set aside.

3. Per contra, learned counsel for the claimants-respondents submitted that the deceased suffered grievous injuries in the accident, due to which, he developed tetanus and died subsequently, as such, there was close nexus between the injuries suffered by the deceased and his cause of death, which was duly proved by documentary evidence on record. As such, the Tribunal has not erred in ordering the appellant to indemnify the compensation payable to the claimants. It was further submitted that the Tribunal has, in fact, awarded less compensation to the claimants, which be enhanced in accordance with law.

4. I have heard the learned counsel of both the sides and perused the record of the lower court.

5. From the perusal of the record of the lower court, it is evident that the owner of the offending car- Smt. Anwari Begum, in her written statement, has accepted the factum of the accident and has stated that it occurred due to divine intervention, since a stray animal suddenly came on the road. She further averred that the accident occ