ORIENTAL INSURANCE COMPANY LTD. Vs. VALSA

JUDGEMENT

(1.) These appeals are filed respectively by the Insurance Company as well as the claimants. The Insurance Company is aggrieved by the total compensation awarded, whereas the claimants are seeking more enhancement. We heard the learned Senior Counsel Sri. Geroge Cherian and Smt. K.S. Santhi for the Insurance Company and Sri. Gerogekutty Mathew, learned counsel appearing for the claimants.

(2.) The accident in this was occurred on 2.11.2005 at a place called Thalakodu. The deceased was travelling in a Tata Sumo bearing Reg. No. KL 2M/5758 from Vazhathope to Kolencherry. The offending vehicle is a bus bearing Reg. No. KL 17/1610 driven by the sixth respondent. Due to the collision of the vehicles, the deceased sustained injuries. The injured was taken to MBMM Hospital, Kothamangalam from where he was referred to the Amrita Institute of Medical Sciences, Kochi. After a prolonged treatment, he died on 14.12.2007. The application for compensation was initially filed by the deceased and additional petitioners 2 to 5 have been impleaded thereafter as per order in I.A. No. 1305/2008 dated 22.7.2008. The additional claimants are the widow, two minor children and the mother of the deceased. The deceased was a Government servant. He was working as a Junior Superintendent of the Town Planning Department. Before the Tribunal, evidence was let in by the claimants by examining the wife as PW1 and PW2, the Town Planner, is the drawing officer of the deceased. Exts. A1 to A9 have been marked in evidence.

(3.) Before going into the contentions raised by the respective parties, we will give the necessary details as far as the injuries sustained and the situation of the patient at the time of death. He was admitted in the hospital on 2.11.2005 with severe head injury. The injuries sustained is right thalamo ganglio capsular intracerebral haematoma . He underwent a surgery and was discharged on 30.11.2005. One of the crucial certificates is Ext. A9 which-will show the condition of the deceased. The deceased was admitted in the Holy Family Hospital, Muthalakodem on 31.11.2005 for nursing care and physiotherapy following decompressive right hemicraniotomy, haematoma evacuation and duroplasty conducted on 3.11.2005. The certificate shows that he was in an unconscious stage and was showing very minimal improvements alone. He was discharged on 11.2.2006.