CHHINDER PAL KAUR Vs. SAYYAD JALAL JALALI

JUDGEMENT

(1.) This is claimants' appeal challenging the impugned award dated 12.11.1998, passed by the learned Motor Accident Claims Tribunal, Kaithal, (for short, 'the Tribunal'), whereby, the claim petition has been dismissed. It is contended that the learned Tribunal erred in rejecting the claim petition, by holding that the death is not the direct result of the injury suffered by the deceased in the accident. The finding recorded runs contrary to the postmortem report on record. In the postmortem report Ex. P2, cause of death was kept reserved. The Certificate Ex. P. 3 is produced as under:-

(2.) The accident took place on 26.04.1995 whereas, the victim died on 04.05.1995. The learned counsel argued that the learned Tribunal has wrongly decided issue No. 3 against the appellants/claimants and failed to draw the inference regarding the cause of death occurred just within few days of the accident. The learned Tribunal has failed to give proper opportunity to the appellants to adduce the proper evidence.

(3.) On the other hand, the learned counsel for the respondent-Insurance Company contends that it is a simple fracture and there is no nexus between the occurrence of the death and the injury. The Court below has rightly concluded that the death is not relatable to the accident Ex. P. 3.