The court established that a direct link exists between injuries from a motor accident and subsequent suicide due to mental distress.

1. This appeal is directed against an award passed by Motor Accident Claims Tribunal, Irinjalakkuda (for short 'The Tribunal') on 28/4/2010 in O.P.(M.V) No.1252/2005. The appellant herein is the third respondent in the Original Petition above seeking to set aside the award of the Tribunal. The appellant contends that the Tribunal has committed error by awarding compensation to the respondents on account of the suicide of their mother subsequent to the occurrence of the motor accident.

2. Respondents 1 to 5 in this appeal are the descendants of one Mrs.Santha who committed suicide following the motor accident. The appellant is the insurer of the alleged offending vehicle owned by the 6th respondent and driven by the 7th respondent. The Tribunal disposed the Original Petition with O.P(M.V) Nos.1253/2005 and 1756/2005 by a common award and the appellant herein was directed to deposit Rs.3,18,700/- with interest at the rate of 7% per annum from the date of filing of the Original Petition till the date of realization in favour of the petitioner in O.P(M.V) No.1252/2005.

3. A brief description of the facts involved is as follows:

The Motorcycle in which Mrs.Santha was pillion riding with his son was hit by a tempo, a bus and a car and in the impact she sustained serious injuries and subsequently she committed suicide on 24/06/2005 by self immolation. The petitioners in the Original Petition are none other than her children who alleged before the Tribunal that their mother committed suicide due to the mental dejection and disappointment resulting from the injuries sustained by her in the motor accident. The Original Petition was filed by the petitioners arraying the owner of the tempo and its driver as respondents 1 and 2 respectively.

4. The appellant herein was arrayed as the third respondent and entered appearance and filed a written statement. The appellant admitted issuance of a valid policy for the tempo van, but disputed negligence of the petitioner, quantum of compensation claimed and their liability to indemnify the insured. They also raised the contention that the death of Mrs.Santha was not due to any mental dejection arising out of the injuries sustained by her in the motor accident. On appreciation of the evidence on record, the Tribunal passed the award. Aggrieved by the quantum fixed above, petitioners preferred the appeal in question.

5. Shri.Lal K. Joseph, the learned counsel for the appellant emphasized that the commission of suicide by the victim has no connection whatsoever with the motor accident occurred. He contends that the medical records produced were not proved by examining the doctor to test genuineness of those. It is further contended by him that what was held by a Division Bench in Venugopal and Others v. T.L. Paulson and Others ( 2008 (4) KLT 920 ) is not applicable in the present case.

6. The question needs to be considered in the backdrop of the contention raised is whether the suicide committed by Mrs.Santha has got any connection with the injuries sustained by her in the motor accident. The motor accident was occurred on 15/03/2005 and the victim committed suicide on 24/06/2005. It is evidenced from the medical records marked in evidence that the deceased had sustained serious head injury in the motor accident. As per the report of CT scan marked in evidence as Ext.A5 the victim had suffered haemorrhagic contusion involving tentorium cerebellae and adjacent cerebellar hemisphere on the left side. The main argument advanced was that a grave injury to the brain may cause a neurologic depression. It was urged that any serious injury which would alter the brain physiology