DIVISIONAL MANAGER Vs. S V MANI

JUDGEMENT

(1.) THE question posed before this Court Is whether, the legal representatives/dependants are entitled to the compensation awarded for pain and suffering, experienced by the deceased and the injuries sustained by him in the accident. .

(2.) FACTS leading to the appeal are as follow?:-In an accident which occurred on 29. 06. 1999, one Mr. Vadamalai sustained multiple injuries. He claimed compensation of Rs. 2,00,000/- under various heads. During the pendency of the claim petition, he died. Consequently, legal representatives/ respondents were brought on record. The respondents/claimants failed to examine a doctor nor produced any documentary evidence to prove that the death was due to the Injuries sustained in the accident. On evaluation of pleadings and evidence, the tribunal found that there was no nexus between the injuries and the cause of death. However, taking into consideration the period of hospitalization and the nature of injuries sustained by the deceased, viz. , fractures of tibia and fibula and in the left toe, the Tribunal, awarded Rs. 30,000/- for injuries, Rs. 30,000/- for pain and suffering, rs3,000/- for medical expenses, Rs. 1,000/-for transportation, altogether awarded a sum of Rs. 64,000/- with interest at the rate of 7. 5% per annum.

(3.) ASSAILING the award, learned counsel for the appellant- Insurance Company submitted that the Tribunal having found that the death was not due to the injuries sustained in the accident and considering the fact that the injured died, after more than one year, from the date of accident, the Tribunal has grossly erred in awarding compensation to the respondents/claimants, for the injuries and pain and suffering experienced by the deceased.