IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 MACA.No. 1 of 2005() -------------------- OPMV.2242/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONERS; --------------------------------------- 1. THANKAMANI, W/O.THANKAPPAN NAIR, CHERUMUTTATHU KAROTTU HOUSE, NEENDOOR KARA, ONAMTHURUTHU VILLAGE. 2. M.N.UNNIKRISHNAN NAIR, S/O.THANKAPPAN NAIR, DO. DO. 3. VASANTHI, W/O.SUGATHAN, PALACHARUVILA HOUSE, MOONGUDU, S.N.PURAM, VARKALA. 4. UDAYAKUMARI, W/O.MANI, AZHAKULATHU VENATTUKUNNEL HOUSE, PATTITHANAM P.O. KANAKKARI VILLAGE. BY ADV. SRI.V.K.SUNIL RESPONDENTS: RESPONDENTS: ------------------------- 1. JOJO LUKOSE, S/O.LUKOSE KAUKKATTU HOUSE, KAIPPUZHA P.O. NEENDOOR, KOTTAYAM. 2. ANIL KUMAR, S/O.SUBRAMANYAN PILLAI, BINDU NIVAS, NEAR KOTHAKULANGARA SCHOOL, MANJOOR KARA AND VILLAGE. 3. THE DIVISIONAL OFFICER, M/S.ORIENTAL INSURANCE CO.LTD., KOTTAYAM. BY ADV. SRI.A.R.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1 OF 2005 --------------------- Dated this the 14th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kottayam, in OP(MV) 2242/99. One Thankappan Nair sustained injuries in a road accident including a fracture of the shaft of the femur. Later, while he was in the hospital, it is seen that he died on account of the cardio respiratory arrest due to bronko pneumonia. It has to be stated that the said Thankappan Nair was treated for fracture of the shaft of the femur. How he developed bronko pneumonia which led to cardio respiratory arrest is a matter that should have been established by the parties. 2. A person in the hospital may die due to various reasons. It may be on account of the aftermath of the injuries sustained in an accident. To award compensation for the person who had died on account of the injuries sustained in a road accident it has to be proved that the cause of death was the injury sustained in the accident. It may also be possible that on account of the aftermath of the accident complication had arisen which resulted in the death But this is an area where the Tribunal or this court even cannot decide MACA No.1/05 2 the issue without concrete medical evidence. In a case like this where it is recorded that the death is on account of the cardio respiratory arrest due to bronko pneumonia, the court cannot jump into a conclusion that it was the injury suffered by the claimant on the shaft of the femur that had caused his death. Therefore, in the absence of a clear cut medical evidence it is not possible to hold that the death had taken place on account of the injuries sustained in the accident. So far as compensation is concerned, considering the sad demise of the person, the Tribunal has been liberal and granted Rs.20,000/- for pain and suffering Rs.2,000/- for medical expenses and Rs.1,000/- each under two other heads. Therefore one cannot find fault with the Tribunal. The appeal lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps MACA No.1/05 3