THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 23.04.2015 PASSED IN MVC NO.7181/2011 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, & MEMBER, MACT, COURT OF SMALL CAUSES, BANGALORE,(SCCH-15), DISMISSING THE CLAIM PETITION FOR COMPENSATION.

THIS APPEAL HAVING BEEN HEARD AND RESERVED ON 4.06.2026 COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, P SREE SUDHA J., DELIVERED THE FOLLOWING:

CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

CAV JUDGMENT

1. This appeal is filed against the judgment and award dated 23.04.2015 passed by the III Additional Senior Civil Judge and Motor Accident Claims Tribunal, Bengaluru in MVC No.7181 of 2011.

2. One L. Krishnamurthy met with an accident on 22.08.2011 and initially, he filed claim application claiming compensation of Rs.25,00,000/- for the injuries sustained by him in the accident. During the pendency of the proceedings, Krishnamurthy died on 18.05.2012 and his wife and children were brought on record as his legal heirs. As the petitioner claimants failed to prove that there was nexus between the injuries sustained in the accident and the death of Krishnamurthy occurred on 18.05.2012, the claim petition was dismissed by the Tribunal.

3. Aggrieved by the said order, the claimants have preferred this appeal and mainly contended that P.W.2-medical officer treated Krishnamurthy on 22.08.2011 and stated that he treated Krishnamurthy as inpatient at Asha Nursing home from 22.08.2011 to 29.08.2011 and thereafter, he was taken to NIMHANS hospital for treatment. He was further treated as an inpatient at Chaitanya Medical Centre, Hoskote from 01.10.2011 to 31.10.2011 and from 02.12.2011 to 21.12.2011. Later, he was shifted to Vydehi institute of medical science and treated from 17.04.2012 to 19.04.2012. As he sustained spinal cord injury, he did not recover and he has no control over bowl and bladder, no sensation below waist and he was in vegetative state. He was taken to Sri Venkateshwara Hospital and treated as inpatient from 24.04.2012 to 07.05.2012 and there was no improvement. On 18.05.2012, Krishnamurthy succumbed to the injuries. P.W.2 further stated that the cause of death was due to accidental injuries suffered by Krishnamurthy. There was nexus between injuries suffered in the accident and death. Injured was under continuous treatment from the date of accident till his death. He was discharged on 07.05.2012 without any improvement and died within 10 days on 18.05.2012 and he was not suffering from any other ailment. It is further stated by appellant-claimants that they incurred Rs.2,00,000/- towards medical expenses of Krishnamurthy and they are also entitled for compensation towards nourishment of food, attendant charges and conveyance expenses during the treatment, and thus, requested for modification of the order of the Tribunal.

4. Learned counsel for respondent-insurance company has stated that the appellant-claimants have not filed any medical record to show that the deceased Krishnamurthy has taken treatment continuously in different hospitals as stated by them. Even when Krishnamurthy was admitted in the hospital from 24.04.2012 to 07.05.2012, he was admitted for fever and vomiting, and thus, the claimants failed to prove that Krishnamurthy died due to the injuries sustained in the accident. Therefore, the Tribunal has rightly dismissed the application. At the best, the claimants are only entitled for medical expenses incurred by them.

5. Heard the arguments of learned counsel for both parties.

6. Krishnamurthy was aged 70 years at the time of accident. While he was standing by the side of the road for crossing the road on 22.08.2011, driver of the canter bearing registration No.PY-01-C-0597 came in a rash and negligent manner and dashed him. As a result, he fell down and sustained grievous injuries and shifted to the Government Hospital at K. R. Puram. After first aid, he was shifted to NIMHANS hospital. From there, he was referred to Asha Nursing Hom