THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY M.A.C.M.A. No.1599 OF 2011 JUDGMENT: This appeal is directed against the order, dated 10.11.2010, in M.V.O.P.No.878 of 2008 on the file of the learned Chairman, Motor Accident Claims Tribunal-cum-IX Additional District Judge, Visakhapatnam, wherein the claim of the 1st respondent herein, was allowed in part awarding compensation of Rs.1,02,000/- with interest @7.5% p.a. from the date of the petition. 2. Heard both sides. Perused the record. 3. 1st respondent herein filed the claim application, under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for the injury sustained by him in a motor vehicle accident that occurred on 21.06.2008. During the pendency of the appeal, 1st respondent died and his wife was impleaded as the sole legal heir as it is stated that they have no children. According to the deceased-claimant, on the date of the accident while he was proceeding from Siripuram junction on his scooter bearing No.AP 31 P 3772 a car bearing No.AP 32 C 3060, driven by its driver in a rash and negligent manner, came in the opposite direction and dashed against the scooter as a result of which the claimant sustained multiple injuries, including fracture of both legs, and that he was shifted to K.G. hospital, Visakhapatnam for treatment. A case in Cr.No.138 of 2008 was registered against the driver of the car by the police, III Town Traffic police station. After the death of the insured claimant, his wife was impleaded as a sole legal heir and she contended that the death of her husband occurred on account of the injuries sustained in the accident. The appellant-insurer on the other hand contended that the death, which occurred on 01.08.2009, about one year after the accident, had nothing to do with the injuries sustained in the accident. 4. During enquiry, P.Ws.1 and 2 were examined and Exs.A1 to A6 were marked on behalf of the claimant. No oral evidence was adduced, but Ex.B1-copy of the policy was marked on behalf of the insurer. 5. On a consideration of the evidence available on record, the Tribunal held that the death occurred on account of the injuries sustained in the accident and awarded a total compensation of Rs.1,02,000/- with interest @ 7.5% p.a. Aggrieved by the same, the insurer filed the present appeal. 6. The main contention of the learned counsel for the appellant-insurer is that there is nothing on record to show that the death occurred on account of the injuries sustained in the accident. The claimant has not adduced any medical evidence to show that the deceased continued treatment for the injuries and ultimately died because of the said injuries. 7. Learned counsel for the claimant would submit that after the death of her husband, the present claimant has virtually become a destitute, there being no one to take care of her, and therefore she could not adduce any medical evidence. 8. Be that as it may, the wound certificate-Ex.A2 goes to show that the deceased-insured sustained multiple injuries, including fracture of right knee, which is a grievous injury. The evidence of P.Ws.1 and 2 would go to show that the injured was admitted in K.G. hospital and that even after discharge from the hospital he could not come out of the impact of the injuries and ultimately succumbed to death. Though there is no direct evidence, establishing the nexus between the death of the deceased and the accident, the evidence on record would however shows that the deceased was on a long course of treatment for the injuries sustained by him, including fracture of bones of the right leg. Having regard to the nature of the injuries and the treatment undergone, it can be reasonably inferred that the deceased would have spent considerable amount not only for medical expenses in connection with the treatment but also on other counts. 9. In the circumstances, it is considered just and reasonable to award a sum of Rs.10,000/- towards pain and suffering; Rs.10,000/- towards extra nourishment; Rs.10,000/- for the attendant charges and transport charges and Rs.20,000/- towards medical expenses in connection with the treatment. Claimant is therefore held entitled for a total compensation of Rs.50,000/- with interest @ 6% p.a. from the date of the petition. The impugned award is modified accordingly. 10. In the result, appeal is allowed to the extent stated above. _______________________ G.V.SEETHAPATHY, J 23rd December, 2011. Tsy