VENUGOPAL NARAYANAN NAIR Vs. T L PAULSON

JUDGEMENT

(1.) The 1st appellant sustained serious injuries in a motor accident on 12.11.1994. He claimed compensation before the Tribunal claiming an amount of Rs. 2,03,000/-. The accident occurred on 12.11.1994. The 1st appellant committed suicide on February, 1997 on account of mental depression. Thereafter, his legal representatives consisting of his wife, son, daughter and his father and mother were impleaded and the amount claimed was enhanced to Rs. 5,75,000/- alleging that the 1st appellant committed suicide due to depression caused as a consequence of the injuries suffered in the accident. Tribunal found that the accident occurred due to the negligent driving of the motor cycle by the 2nd respondent. The motor cycle was owned by the 1st respondent and insured by the 3rd respondent Insurance Company. The contention of the appellants is that death was due to the after effect of the accidental injuries was not accepted by the Tribunal and compensation awarded was only Rs. 30,000/- with interest. The quantum of compensation is disputed in this appeal.

(2.) It is stated in the certificate that he consumed 120 tablets along with alcohol. He was admitted in the District Hospital, Thrissur on 14.2.1996 till 21.2.1996. He was an employee of Alagappa Textiles (Cochin) Mills. It is true that after the accident he joined duty but he took leave immediately. He has taken ESI leave for 332 days. He has taken 406 days leave during the period between 20.11.1995 to 15.2.1997. It is the contention of the claimants that he has rejoined duty and took leave as his behavior was not normal after the accident. Even though initially Scan report did not show any serious head injuries, PW2 Doctor who treated him stated that certain head injuries could be detected only later. It is a case of head injury and there is inability to move right side. That was the certificate issued when he was admitted for the second time on 11.12.1994. The certificates would show that the head injury led to depression. The Tribunal came to the conclusion that he was an alcoholic person because wound certificate shows that there was smell of alcohol and in an earlier occasion, he tried to commit suicide by consuming 120 tablets of Eptoin (phenobarbitone prescribed to him) along with alcohol. This is also due to depression and mental problem.

(3.) But there is no evidence to show that he was an alcoholic or depression occurred due to alcoholism. A deceased person cannot be called as an alcoholic without any material. PW2, Dr. Mahadevan, stated that he had no depression before the accident. The Doctor certified as follows: