IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 MACA.No. 1182 of 2006() ---------------------------------- OPMV.1126/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANTS/PETITIONERS: ------------------------------------------ 1. GOURY, AGED 59 YEARS, W/O. DECEASED KUNJUNNY, KALARIKKAL HOUSE, P.O.KODUNGALLUR, ANAPUZHA. 2. AJITHA, AGED 23 YEARS, D/O. KUNJUNNY, -DO- BY ADV. SMT.JEENA JOSEPH SRI.G.D.PANICKER RESPONDENTS/RESPONDENTS: ------------------------------------------------ 1. P.K.MUHAMMED, S/O. KOCHUBAVA, PALLIPURAM HOUSE, P.O.PUTHENCHIRA, MALA. 2. PRAKASAN, S/O. KRISHNAN, PINDIYATHPADI HOUSE, P.O.KARA, EDAVILANGU. 3. THE ORIENTAL INSURANCE CO. LTD., P.B.NO.27, MANAPPATT BUILDING, NORTH NADA, KODUNGALLUR. BY ADV. SRI.M.JACOB MURICKAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1182 OF 2006 = = = = = = = = = = = = = = = Dated this the 16th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)1126/00. The claimants are the wife and daughter of deceased Kunjunny who died at the age of 70 years. On account of the accident he sustained injuries including fracture and while undergoing treatment, on the 6th day, he died. The claimants would contend the death of Kunjunny was on account of the injuries sustained in the accident whereas the insurance company would deny the same. The claimant had examined the Doctor who had issued the postmortem certificate and the Doctor would depose that the death was on account of the pulmonary heart disease. When a question was put whether the fracture had accelerated the cause of death, the Doctor deposed “It might have or it may be”. It has to be stated that the deceased was a person with heart decease and the injury sustained in the accident may not be M.A.C.A. 1182 OF 2006 -:2:- directly responsible for the death. When the medical evidence does not pin pointedly show that he had died on account of the injuries sustained in the road traffic accident he cannot be compensated for the same. 2. The Tribunal has not awarded the legal heirs any compensation for medical expenses. He was in the hospital for six days with fracture and I am certain he would have spent money for purchasing medicine and therefore I award him a sum of Rs.2,000/- under that head. Similarly, after his death his body would have been transported back to the house only in a special conveyance for which also I award a sum of Rs.1,000/-. Then as discussed by me earlier the accident has caused a fast end to the life and therefore resulted in loss of expectation of life to the members of the family as well as to the deceased, I award Rs.6,000/- under that head. Therefore the claimants are awarded an additional compensation of Rs.9,000/-. In the result the MACA is partly allowed and the claimants are awarded an additional compensation of M.A.C.A. 1182 OF 2006 -:3:- Rs.9,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-