MALLIKA SHAJU Vs. M.GEORGE

JUDGEMENT

(1.) THE claimants in O.P.(MV) No. 1418/1999 before the Motor Accidents Claims Tribunal, Muvatttupuzha, are the appellants herein. Shaju, the husband of the first appellant, father of respondents 2 and 3 and son of the 4th respondent died in an accident while unloading cement bags from a lorry. The appellants filed the claim petition stating that while the deceased was unloading cement bags from a lorry, the driver of the lorry negligently took the lorry forward and during that process Shaju fell down, suffered head injuries and died because of the injuries. The Tribunal found that Shaju died not because of any injury caused in any accident, but because of cerebral stroke. Consequently, the Tribunal dismissed the appeal. It is challenging the award of the Tribunal, dismissing the claim that the appellants have filed this appeal.

(2.) ACCORDING to the appellants, they have adduced strong and convincing evidence to prove that Shaju died in an accident because of head injury. In support of that contention, the appellants relied on Ext. A5 postmortem certificate, which states that the death was due to head injury. Ext. A5 postmortem certificate was proved by PW3 doctor, who conducted the postmortem. She stated that the death of Shaju was not due to cerebral stroke but due to head injury. Therefore, according to the appellants, the appellants have conclusively proved that the accident was on account of a head injury. According to them, that was the result of the accident occurred while Shaju was unloading cement bags from a lorry when the driver of the lorry negligently took the lorry forward.

(3.) WE have considered the rival contentions in detail.