IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 1067 of 2001()
1. NATIONAL INSURANCE CO. LTD.
... Petitioner
Vs
1. MATHAI. K.J.
... Respondent
For Petitioner :SRI.RAJAN P.KALIYATH
For Respondent :SRI.NOBLE MATHEW
The Hon'ble MR. Justice K.T.SANKARAN
Dated :05/01/2007
O R D E R
K.T.SANKARAN, J
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M.F.A.No. 1067 of 2001
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Dated this the 5th day of January, 2007
JUDGMENT
This appeal is filed by the insurer against the order passed
by the Tribunal under Section 140 of the Motor Vehicles Act.
The claim was put forward by the legal representatives of
deceased Thresiamma. Thresiamma was travelling in an
Autorikshaw on 8.7.1997 which met with an accident and
Thresiamma sustained injuries. She was admitted in the hospital
as an inpatient till 11.7.1997. It is stated by the claimants that
Thresiamma was again treated as inpatient from 21.10.1997 to
29.10.1997 and that she was admitted again on 12.11.1997. On
13.11.1997 she was referred to Medical College Hospital,
Kottayam and on her way to the hospital she died.
2. As per the order impugned, the Tribunal passed an
interim award directing the insurer to remit a sum of
Rs.50,000/-. O.P.(MV) No. 230/98 was later disposed of finally as
per the award dated 14.1.2004 and the Tribunal awarded only a
sum of Rs.36,100/- as compensation. It was held by the Tribunal
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that the evidence adduced by the petitioners was not sufficient
to prove that Thresiamma died due to the injuries sustained in
the accident. The Tribunal relied on Ext. A8 postmortem
certificate wherein it was found that the injury sustained by
Thresiamma was not sufficient to cause her death. The Tribunal
came to the conclusion that compensation can be awarded only
for the injuries sustained by Thresiamma and not on account of
her death. Accordingly, the Tribunal fixed the compensation at
Rs.36,100/-.
3. Since the Tribunal has now found on evidence that the
death of Thresiamma was not as a result of the accident, I am
inclined to accept the contentions raised by the appellant that
the Tribunal was not justified in passing an award under Section
140 of the Motor Vehicles Act.
The appeal is allowed and the order impugned is therefore
set aside.
K.T.SANKARAN,
JUDGE
csl
MFA1067/2001 3