LAKSHMI SOREN Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) The claimant-appellant has come up before this court against the judgment passed by the Judge, Special Court-cum-Motor Accidents Claims Tribunal, Burdwan, in the Motor Accident Claim Case No. 42 of 2001 (117 of 1998). By the aforesaid judgment the claim petition under section 166 of the Motor Vehicles Act, 1988 was dismissed.

(2.) The facts giving rise to the above claim petition are that at the material point of time the claimant-appellant was on duty as a driver of the truck No. WB 41-7581. While he was driving the same by the side of the road on 19.12.1996 near Hatimore under Rajgung within the district of Jalpaiguri, it collided with the vehicle No. HR 38-B 6221. As a result of the said accident the claimant-appellant sustained severe injuries on his both legs. Claimant-appellant ultimately died on 19.4.1998, at Burdwan Medical College and Hospital. The above claim case was filed against the owner of the vehicle in which claimant-appellant was employed as driver. The insurer of the said vehicle contested the case while the owner of the same though appeared, but ultimately did not contest the proceedings.

(3.) From the evidence of the parties it appears that for the injuries suffered by the claimant-appellant, he was treated at Burdwan Medical College and Hospital from 27.12.1996 to 29.4.1997. He was ultimately discharged from the hospital on 29.4.1997. The claimant-appellant ultimately died on 19.4.1998 after about one year from the date of his discharge. The death certificate has disclosed the cause of death as cardiorespiratory failure in a case of cardiomyopathy. The learned Claims Tribunal accordingly dismissed the claim petition as it was of the opinion that such death of the victim was not consequent to the injuries suffered by him.