SHARAD YASHWANT JOSHI Vs. MOHAMED YUSUF NASIRUDDIN

JUDGEMENT

(1.) This is a first Appeal filed by the Appellants wherein the basic submission is that though by amendment after the death of the claimant who was injured due to rash and negligent driving of the matador, as alleged within a six month succumbed to death and thereby his L.Rs., being the parents, the applicants, prayed for additional compensation though it was initially for the compensation for bodily injury.

(2.) The only issue which was framed was about the compensation for the bodily injury. There is no dispute, as recorded also in para 12, that the accident took place in the month of October-1982 and after six months in the month of April-1983 Ravindra died. The Court has observed that it is doubtful that Ravindra died due to injury received in the Motor Accident. To that the learned counsel appearing for the Appellant submitted that there is medical evidence on record to show that during this period most of the time the claimant was hospitalized and he was under continuous treatment. The injuries were severe, multiple fractures and even the spine was removed. In my view, this facet just cannot be overlooked to discard the claim of compensation only on the ground that such compensation, if any, can be claimed by the applicants by filing separate application.

(3.) There is no dispute that the claimants-appellants are the only legal heirs. Initially, the victim himself had filed the compensation application for bodily injury and after his death, the present appellants being legal representatives prayed for additional compensation because of the death due to rash and negligent driving in question.