THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL MISCELLANEOUS APPEAL No.2892 of 1999 DATED 16.11.2009 BETWEEN: Ankireddipalli Obula Reddy and another … Appellant AND R.Babu Naidu and another … Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL MISCELLANEOUS APPEAL No.2892 of 1999 JUDGMENT: Ankireddipalli Obula Reddy (since deceased) statedly an agriculturist. He was making Rs.15,000/- per annum. On 28.08.1996, at 1.45 p.m., while he was going to Kadapa along with two others in an auto rickshaw, the lorry bearing No.AHH 2934, dashed on the rear side of the auto rickshaw. Due to accident, auto turned turtle. Obula Reddy received injuries. He took treatment and incurred medical expenses. He filed O.P.No.954 of 1996 before the Motor Accidents Claims Tribunal-cum-I Additional District Judge, Kadapa, claiming Rs.35,000/- and the same was pending, on 22.01.1997, it appears he died. While undergoing treatment in the hospital of Dr.Ranga Simha Hospital of Mydukur. Therefore, his wife Narayanamma came on record as legal representative and amended the O.P., claiming an amount of Rs.1,00,000/-. The claim was disputed by insurance company. During enquiry, Narayanamma gave evidence as P.W.1. One Boina Subbarao and Dr.Ranga Simha were examined as P.W.2 and P.W.3 respectively. Exs.A.1 to A.7 were marked which include Ex.A.2, wound certificate and Ex.A.4, death extract issued by Mandal Revenue Officer. Considering the evidence, learned tribunal recorded a finding that Narayanamma failed to establish that Obula Reddy died due to injuries received in the accident about five months prior to death. Therefore, tribunal awarded an amount of Rs.26,100/- (Rs.15,000/- for injuries, Rs.5,000/- for pain and suffering, Rs.2,100/- for medical expenses, Rs.2,000/- for transport charges and attendant charges, and Rs.2,000/- for loss earning). Aggrieved by the same, the wife filed the present appeal. Learned counsel for appellant relies on the evidence of P.W.3 and Exs.A.4 and A.5. Per contra, learned counsel for insurance company relying on Ex.A.2 submits that Obula Reddy died only due to some reason, which is connected with the accident that occurred on 28.08.1996. Ex.A.2 is wound certificate which was recorded within three hours from the time of accident on 28.08.1996. The Civil Assistant Surgeon, Community Health Centre, Proddatur gave wound certificate to the effect that Obula Reddy suffered injuries that are simple in nature. Therefore, any theory that the victim had suffered serious injuries is improbable. Insofar as Ex.A.5 and evidence of P.W.3 are concerned, they do not inspire any confidence in the Court. P.W.3 never even uttered a sentence that Obula Reddy died only due to injuries he suffered four months earlier. Therefore, Ex.A.5, certificate issued by P.W.3 itself is of no value. Learned counsel for appellant, however, submits that in the absence of any cross-examination or rebuttal evidence, the version of appellant should be considered probably. This Court is not inclined to accept the submission. The cause of death is always left to opinion of experts. In a case where a person who received simple injuries in an accident dies after a period of four months, the Court cannot decide the cause of death unless experts are produced. P.W.3 produced by appellant does not fully support, even on probabilities, the case of appellant. Therefore, this Court does not find any error in the award passed by tribunal. The civil miscellaneous appeal, for the above reasons, is dismissed. There shall be no order as to costs. _________________ (V.V.S.RAO,J) 16.11.2009 pln