NISHANKAUR INDRAJITSING Vs. CHHANAJI BECHARJI THAKORE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 11.09.1998 passed by the Motor Accident Claims Tribunal (Aux.IV), Ahmedabad (Rural) in M.A.C. Petition No. 217 of 1985 whereby, the claim petition was partly allowed and original claimants, were awarded Rs.9750/- as compensation along with interest at the rate of 12% per annum from the date of application till its realization.

(2.) THE facts in brief are that on 22.12.1983 while one Indrajitsing Dilipsing Sandhu was going towards O.N.G.C. Dispensary for taking medicines on his bicycle, a Truck bearing registration No. GRS-5691 driven by respondent No.1, owned by respondent No.2 and insured with the respondent No.3-Insurance Company, dashed the bicycle. As a result thereof, Indrajigsingh sustained severe bodily injuries and ultimately, died during the pendency of the claim petition. THE Tribunal partly allowed the claim petition by way of the impugned award. Hence, this appeal. .

(3.) HEARD learned advocates for the respective parties. It is not in dispute that the claim petition was originally filed by the deceased. Dr.Sukumar Mohini Mohoan Guha was examined by the claimants at Exh. 74. He had not stated that due to Pus formation injuries, the deceased died. In cross examination he had admitted that he could not say the age of the injuries for which deceased was treated by him. There is no evidence on record to show that deceased died due to accidental injuries. No P. M. Note is produced by the claimants. Therefore, it cannot be said that due to accidental injuries, deceased died due to pus formation. There is no nexus between death and injuries. Considering the facts of the case and the principle laid down in the above decision, the appellants-claimants shall be entitled for income only under the head of loss of estate and the claimants shall not be entitled for income under the head of future loss.