REGENT COMPUTRONICS PVT. LTD.

ABDUL RAHIM Appellant

V/S

SUNDARESAN Respondents

Referred Judgements :-

M.D. PALLAVAN TRANSPORT CORPORATION LTD. V. KALAVATHI [REFERRED TO]
UNION OF INDIA V. SARASWATHI DEBNATH [REFERRED TO]
NATIONAL INSURANCE CO.,LTD. V. SAROJ [REFERRED TO]
BIMLA DEVI V. HIMACHAL ROAD TRANSPORT CORPORATION [REFERRED TO]
EASTERN COAL FIELD V. MAYADEVI [REFERRED TO]
JAISINGV. SATINDER [REFERRED TO]
AHMEDABAD MANUFACTURING AND CALICO PRINTING CO LIMITED AHMEDABAD VS. RAM TAHEL RAMNAND [REFERRED TO]
TRIMBAK GANGADHAR TELANG VS. RAMCHANDRA GANESH BHIDE [REFERRED TO]
MAHANT DHANGIR VS. MADAN MOHAN [REFERRED TO]
SOHAN LAL PASSI VS. P SESH REDDY [REFERRED TO]
STATE OF PUNJAB VS. BAKSHISH SINGH [REFERRED TO]
NAGAPPA VS. GURUDAYAL SINGH [REFERRED TO]
RAMATHAL VS. MANAGING DIRECTOR CHERAN TRANSPORT CORPORATION COIMBATORE [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. SWARAN SINGH [REFERRED TO]
SHAIL VS. MANOJ KUMAR [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LIMITED VS. KALPANA [REFERRED TO]
THOKCHOM ONGBI SANGEETA ALIAS SANGI DEVI VS. ORIENTAL INSURANCE CO LTD [REFERRED TO]
APSRTC VS. M RAMADEVI [REFERRED TO]
MANTOO SARKAR VS. ORIENTAL INSURANCE CO LTD [REFERRED TO]
RAJ RANI VS. ORIENTAL INSURANCW CO LTD [REFERRED TO]
NINGAMMA VS. UNITED INDIA INSURANCE CO LTD [REFERRED TO]
KLAUS MITTELBACHERT DECD VS. EAST INDIA HOTELS LIMITED [REFERRED TO]
KHAIRULLAH VS. ANITA [REFERRED TO]
MANAGING DIRECTOR THANTHAI PERIYAR TRANSPORT CORPN VS. SUNDARI AMMAL [REFERRED TO]
MANAGING DIRECTOR ANNAI SATHIYA TRANS CORPN LTD VS. JANARDHANAM [REFERRED TO]
CLARA ABRAHAM MATHEW VS. T HARENDRANATH [REFERRED TO]
VIJAY LAXMI DEVI VS. RAM NARESH [REFERRED TO]

JUDGEMENT

(1.) THIS civil miscellaneous appeal has been preferred by the claimants against the award of Rs. 20,000.00 as against the claim of Rs.1,50,000.00, for the death of one A. Nazir Jinnah.

(2.) THE case of the claimants is that, when the deceased Nazir Jinnah was riding his tricycle from Kappalur to Thirumangalam on 16.7.2000 from North to South, a Ambassador car bearing registration No. TMV-2179 driven by its driver in a rash and negligent manner hit against the tricycle and due to that impact, the deceased sustained fracture and multiple injuries, especially in the head. Initially, he was taken to Government Hospital, Thirumangalam and after giving first-aid, he was admitted in Government Rajaji Hospital, Kadurai and took treatment till 5.8,2000. After that, he was readmitted in Vadipatti Government Hospital and subsequently, he succumbed to the injuries. Though the claim petition was filed by the victim on 16.8.2000, the victim died on 14.11.2000, THEreafter, amendment petition was filed by the parents of the deceased contending that the victim died because of the injuries sustained by him in the accident. THE claim petition was contested by the insurance company by filing counter statement.

(3.) THE learned counsel for the appellant relied upon the evidence of P. W.3, who attended and gave treatment to the deceased in Government Rajaji Hospital and he specifically relied upon the following portion of P.W.3's evidence: <IMG>JUDGEMENT_1299_MADLJ3_2010Image1.jpg</IMG> <IMG>JUDGEMENT_1299_MADLJ3_2010Image3.jpg</IMG> Relying on the said piece of evidence of P.W.3, the counsel for the appellants submitted that the victim sustained injuries in the brain and there was blood clot through out the brain. When blood clot spread throughout the brain, as stated by P.W.3, it was the cause for the death of the victim.

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ABDUL RAHIM Vs. SUNDARESAN

Referred Judgements :-

JUDGEMENT

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