(1.) BY judgment and award dated 3.9.2007, claim petition filed under section 166 of M.V. Act in MVC No. 1957/2003 came to be dismissed by I Addl. Civil Judge(Sr.Dn.) & MACt, Belgaum. Therefore the claimants are before this Court.
(2.) ON 8.9.2003, the original claimant Sri. Hanamant Gangappa Killedar was returning from coolie work. At that time, a lorry bearing registration No. KA -5/6569 belonging to one Shankar and insured by The New India Co. Ltd., came in a rash and negligent manner and dashed against him. He sustained grievous injuries for which he was treated in Dr. Koppa hospital, Gokak. He filed a claim petition under Section 166 of M.V. Act claiming compensation of Rs. 4,50,000/ - During the pendency of the claim petition, he died. His Legal representatives i.e., wife Shashikala and mother Nagawwa came on record to prosecute the claim petition contending that the injured claimant died on account of the injury sustained by him in the accident. The insurance company has taken up a contention that there had been no nexus between the death of the original claimant and the injury sustained by him in the accident. The claim petition came up for consideration before the tribunal. On behalf of the claimants, Smt. Nagawwa -the mother of the deceased was examined as PW1 and as many as 12 documents were marked. The tribunal on appreciation of evidence recorded a finding that there had been no nexus between the death and the injuries, which resulted in dismissal of the petition. Against the dismissal of the petition, this appeal is preferred.
(3.) IT is not in dispute that the original claimant Hanamanth died during the pendency of the claim petition. The case of the legal representatives of the original claimant who have come on record is that deceased claimant died on account of the very same injury sustained by him in the accident. Whereas it is the case of the insurance company that there had been no nexus between the death and the injuries sustained by the deceased in the accident. Ex -P8 and P9 are the wound certificates issued by Shantha Nursing Home, Gokak where the claimant was admitted and treated. These certificate would go to show that he had crush injury over occipito parietal region and contusion over left lumbar region. He was treated by Debridement , suturing was done, lumbar traction was given. He was admitted on 8.9.2003 the date of accident and discharged on 26.9.2003. No documents are forthcoming for he having taken further treatment after 26.9.2003. Ex -P3 is the death certificate, which reveals that the injured claimant died on 9.5.2005. In other words, he died after about one year and eight months from the date of his discharge from the hospital. The deadbody was not subjected to postmortem examination. There is no evidence he having taken treatment after his discharge from the hospital. As such, the tribunal has rightly recorded a finding that there had been no nexus between the injuries and the death of the injured claimant.