O C CHACKO Vs. K P SREEKANTH

JUDGEMENT

(1.) THE legal heirs of a deceased claimant, who expired during the pendency of this appeal before us, are the present supplemental appellants. THE deceased/claimant had staked a claim for compensation for personal injuries suffered by him in a motor accident which took place on 09.06.1998. According to him, he was proceeding on a motorcycle. A lorry - owned, driven and insured by respondents 1 to 3, which was coming in the opposite direction, had collided with the two wheeler in which the claimant was travelling. He had suffered injuries.

(2.) HIS injuries included fracture of the lateral condyle of right tibia and neck of right fibula. Fracture of medial malleolus left leg was also suffered. The injured/claimant was an inpatient for 4 spells in 3 different hospitals. He was initially treated at Abhaya Clinic, Iritti from 09.06.1998 to 10.06.1998. He was later shifted to the Kasturba Hospital at Manipal on 11.06.2011 where he continued as an inpatient till 09.07.2011. Open reduction, internal fixation and bone grafting of right tibia were done on 24.06.1998. After his discharge from that hospital on 09.07.1998, he was again admitted on 13.08.1998 for mobilisation. He continued as an inpatient till 21.08.1998. He was later admitted to the Dhanalakshmi Hospital, Kannur, on 08.11.2001. Implant was removed and he was discharged on 11.01.2001.

(3.) THE learned Tribunal by the impugned award came to the conclusion that negligence on the part of the driver of the lorry, ie. the 2nd respondent, had not been established. Consequently it was found that the claimant was not entitled for any compensation. Accordingly the Tribunal proceeded to pass the impugned award.