NEW INDIA ASSURANCE COMPANY LTD Vs. MAGAMAYI

JUDGEMENT

(1.) The appeal has been preferred by the insurance company, against the award of Rs.15,39,000/- as compensation for the death of one Mr.V.Lakshmanan, aged about 52 years, self employed, allegedly earning a sum of Rs.15,000/- per month in the accident, which occurred on 08.03.2007, when the victim was riding his motorcycle, which was hit by a lorry belonging to the 5th respondent and insured with the appellant.

(2.) Mr.R.Sivakumar, learned counsel appearing for the appellant would submit that the accident occurred on 08.03.2007, due to which, the victim sustained injuries and after taking treatment, he became alright. After a period of three years, the victim died on 01.03.2010 and therefore, there is no connection between the cause of death and the injuries sustained by the victim.

(3.) Further, he would submit that there is no post mortem report marked by respondents 1 to 4/claimants to show that because of injuries sustained by the victim, in the accident, he died. In those circumstances, the tribunal should have held that there is no connection between the injuries sustained by the victim and the death. He would further submit that the Tribunal without seeing pros and cons of the case, mechanically followed the method as adopted in the case of death and awarded a sum of Rs.15,39,000/-, taking Rs.8,000/- as monthly income and applying the multiplier of "13". He would submit that in the absence of any clinching evidence, connecting the injuries and cause of death, it is not possible to give any ground to the legal representative of the deceased.