SHANTABEN AMBALAL SUTARIA Vs. VALJIBHAI HARJIBHAI PATEL

JUDGEMENT

(1.) A man aged about 54 years, healthy in every respect, was returning to his house on his scooter. He was knocked down by a speeding S. T. vehicle causing multiple fractures on his person. He was admitted in the hospital and the traction was advised. He was removed out of the hospital with a view to continue the traction at his residence. He had certain complaints during the intervening period. He dies on the 6th or 7th day of the accident and the probable cause of death, certified by the medical expert is "fat Embolism", which is a common complication in case of multiple fractures when long bones are involved. In the award rendered by the M.A.C. Tribunal, Ahmedabad City, it is said that there was no nexus or connection between the death of the deceased and the accidental injuries. The question therefore in the present appeal is as to whether the claimants would be entitled to the compensation on the head of loss to the estate on the basis that there is a nexus or connection between the accidental injuries and the death.

(2.) The present appeal which calls for the determination of the above said question arises under the following facts and circumstances.

(3.) One Ambalal Sutaria, a resident of the City of Ahmedabad was returning towards his house on his Secooter No. G.J.E. 264 on 22-9-1976 at about 12- 30 p.m. and when he was passing through over the road between Paldi and V. S. Hospital within the City of Ahmedabad which is popularly known as Sarkhej Road, the bus belonging to the Gujarat State Transport Corporation, i.e., the opponent No. 2 and being driven by the opponent No. 1 had came there from behind and a dash was given to the scooter. The deceased Ambalal Sutaria was thrown off from over the scooter and he had received multiple fractures. He was removed to the V. S. Hospital at Ahmedabad and some treatment was given for the multiple fractures. It appears that he was put on traction but he was not feeling comfortable and therefore he has taken discharge from the hospital on the next day, i.e., on 23-9-1976. He had expired at his residence on 28- 9-1976. Between the date of discharge and the death it appears that the deceased was obliged to consult certain other Doctors. The cause of death appears to be the Fat Embolism which is a known complication in case of multiple fractures when the long bones are involved. The claimants who are the appellants before us had therefore filed the M.A.C. Case No. 15 of 1979 before the learned M. A. C. Tribunal No. 1 at Ahmedabad, praying for the total compensation of Rs. 1,50,000.00.