SABU C P Vs. SUNIL

JUDGEMENT

(1.) THE appellants are the parents of a deceased four and a half year old boy named Abhijith. THEy approached the Tribunal claiming a sum of Rs. 3 lakhs as compensation alleging that their son met with an accident in a road traffic accident on 24/07/05. According to them, while they along with their minor son were travelling by a bus driven by the first respondent met with an accident on the way. According to them due to the negligence of the driver of the bus, it collided with a lorry which was coming from the opposite direction and in the accident the deceased minor sustained injuries. He was taken to Matha Hospital, THEllakom, Kottayam. According to the appellants due to the injuries sustained by the minor, he breathed his last on 31/07/05 while undergoing treatment.

(2.) THE learned Tribunal considered the evidence and found that death of the minor was not the direct result of the accident. As per the medical records and postmortem certificate the learned Tribunal found that the death was due to pneumonia for which the deceased was undergoing treatment in a local hospital. Against the claim a sum of Rs. 37,500/- was awarded for the injuries sustained by the minor. This is under challenge in this appeal.

(3.) THE above observation would indicate that the deceased showed signs of severe chest infection deteriorating his health for about one week prior to the accident. In Ext.A4 which is the copy of postmortem certificate, the cause of death was noted as pneumonia. It is relevant to note that the injuries sustained by the deceased in the accident were minor in nature and there is nothing to connect the injuries with his death. THE amount of compensation awarded by the Tribunal includes Rs. 2,000/- granted towards transportation expenses of the dead body; Rs. 1,000/- towards damages to clothing; Rs. 2,000/- for extra- nourishment; Rs. 1,000/- for bystander's expenses and Rs. 21,500/- towards medical expenses.