IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.262 of 2005 1. CHANDRA KANTI GUPTA W/o Late Jitendra Kumar Gupta 2. Bikrant Kumar S/o Late Jitendra Kumar Gupta 3. Vishal Kumar S/o Late Jitendra Kumar Gupta 4. Smt. Mamta Kumari D/o Late Jitendra Kumar Gupta 5. Smt. Swata Kumari D/o Late Jitendra Kumar Gupta All are resient of village- Murgia Chak, P.O.- Munger, P.S.- Kotwali, District- Munger ------- Appellants. Versus 1. SRI SUSANT KUMAR Son of Sri Jainandan Prasad @ J.N. Prasad, resident of Mohalla- Madhopur, P.O.- Basudeopur, P.S.- Kotwali, District- Munger 2. The Manager, Police Ny. 98/6700241, Munger Branch 3. The National Insurance Company Ltd. Munger at Bara Bazar, Munger. 4. Sri Shambhu Nath Choudhary @ Jaiswal Son of Sri Bhagwat, resident of village- Madhopur, P.O.- Basudeopur, Munger, P.s.- Kotwali, District- Munger. ------- Respondents. ----------- For the Respondent No. 3- Mr. Shailendra Kumar, Advocate. For the Appellants- Mr. Krishna Mohan Keshri Singh, Advocate 9 12.1.2009 The only question to be decided in this appeal is whether the appellant is entitled to enhancement of the compensation amount granted to him by the 5th Additional District Judge-Cum-Claim Tribunal, Munger ? The fact is that the petitioner met with an accident on 9.1.1999. He was treated by Dr. Gupta who plastered his leg and thereafter he was discharged from the hospital. The day on which the plaster was to be removed i.e. on 1.2.1999 Jitendra Kumar Gupta the injured on the advice of Dr. Gupta, went to get his leg X-ray before the plaster was to be removed. It has been stated that while he was in the X-ray clinic for the purpose of getting 2 his leg X-ray, be began to suffer from severe discomfort and Dr. Rajendra Prasad came to examine him and found him in a very serious condition, the appellant was administered life saving drugs and injections however, he could not survive and died on 1.2.1999 itself. The petitioner at the relevant time was working as a Steno in the Mining Department at Munger. The Court below has found that in fact the petitioner had died not as a result of the accident which resulted in the fracture of the tibia bone, but died due to other reasons such as indicated by Dr. Rajendra Prasad vide Ext. 3A wherein it has been stated that the appellant was suffering from acute bronchitis. It is also indicated that he was hypertensive and that he required to get an E.C.G. done immediately, which would indicate that he had certain symptoms showing he was undergoing breathing stress because of the problems mentioned in the prescription. Unfortunately, Dr. Rajendra Prasad died during the pendency of the case and he could not be examined as the witness. The prescription was proved by Dr. Gupta to be in the writing of Dr. Rajendra 3 Prasad. Having considered all aspects of the matter, this Court has come to a finding that the death of the appellant was not due to the fracture of the tibia bone in the leg rather he died because of his heart condition. Post mortem was not performed which would indicate whether it was in any connected to the injuries received during the accident. As such it cannot be said that the appellants would be entitled to higher compensation. In the circumstances, this Court finds that the reasonings given by the Court below for awarding a compensation of Rs. 55,000/- are sound and there is no lacunae in the conclusion reached by the Court below. In the result this appeal is dismissed. Sanjay (Sheema Ali Khan, J.)