ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED Vs. EASWARI

JUDGEMENT

(1.) C.M.A. No. 1879 of 2016 has been filed by the Insurance Company and C.M.A.No. 2057 of 2016 has been filed by the legal heirs of one Mr.E. Kanakkaiya, aged about 51 years, building maistry, allegedly earning about Rs.600/- per day, who sustained grievous injuries in the accident, which occurred on 11.03.2013 and subsequently died on 30.06.2013, on account of the injuries, challenging the award dated 04.04.2016 passed by the Motor Accidents Claims Tribunal (II Court of Small Causes), Chennai, in M.C.O.P. No. 2978 of 2013. While the claimants are aggrieved over the quantum of compensation awarded, the Insurance Company challenges the award on the question of both quantum and liability.

(2.) For the sake of convenience, the parties are referred to as Insurance Company and Claimants.

(3.) Mr.S. Manohar, learned counsel for the Insurance Company would submit that death of the victim was not due to the injuries arising out of the accident in question, as the victim had already sustained injuries in his left leg, even before the date of the accident on 11.03.2013, as evidenced by Ex-P3, Discharge Summary filed by the claimants. He would submit that the victim died of Septicaemia and it is not known as to whether was caused on account of previous injury or injuries sustained by him in the subject accident. Therefore, it is the contention the learned counsel for the Insurance Company that in the absence of any proof by the claimants, death could not be attributed to the injuries sustained by the victim in the accident in question.