2 MFA. 14406/07[MV}
THIS IS AN APPEAL FILED U/S. 173(1) OF ACT,
AGAINST THE JUDGEMENT AND AWARD {DATED
21.08.2007
PASSED IN MVC NO.58/2002 ON ‘F};LE’ .012′
CIVIL JUDGE (SR.DN.} Si MACT, K.G.F’., PARTLfi”‘AIJ2QW1.NG
THE CLAIM PETITION FOR COMPENSATION
ENHANCEMENT FOR COMPENSATION.
THIS APPEAL COMING ONLPOE. TPIIS__VDA
THE COURT DELIVERED THE FOLLOWING: ~ – . I A
JUDdM§fl;7
The Ciaimant h’a._S'”£iIed’_vAthj.S ‘app.eal,fOr enhancement of
compensation. V
2. learned Counsel for
c1ajmantS._ » ” 1» ‘
9111.5 namely Sri. K. Vijaya @ K.
VijaylgumafiiSV’the..’Son. Of'”CIainIant No.1 and 2. AS a result of
acyeitieiilt, he Siifferett head injuries. He was admitted in
Hospital, Tainaka, Kolar. The first admission
“»vg_§iiui-ii~;’?gf.V_i.Iie period between 28.09.2001 and 07.10.2001
and Seigond admission was during the period between
A A0Sj0_3.2003 and 19.03.2003. The third admission was
3 MFA. 14406/0’7{MV]
during the period between 19.11.2005 and 30.11.2005. He
died on 04.12.2005.
The learned counsel for the claimant»””uiouIgi.
that taking into consideration 22 niedieal -1 is
established that the claimant died a “of it1j’ijries..L
suffered in the accident.
4. The leamed.,,._couAnse1;_>for”=the:”ix}surance company
Would justify U13 impt.t~g–‘i€§1» “claimant has not
examined original claimant.
There is hold that the death was
due to in the alleged accident.
5. The 1eafned._con.i1sel for the claimant would submit
the deceVas’ed__S_H1fi.Vijaykumar died due to the grievous
,2 iiijnries’AsufiVere_d by him in the accident. In the absence of
,;»1ied.ical’a”_’e.Vid;ence, it is not possible to accept this
subm1s–sio’n’. The learned counsel for the claimant would
. s1.:bmit”that the claimants have lost their son aged about 24
4 MFA. 14406/0’7{MV)
years. But, they have failed to establish the cause of death
by leading medical evidence.
Having regard to the facts and circu1Ii’stancest’0fi’the
case, I am of the considered opinionVth’at&_ the requires
reconsideration by the Tribuna1.at1n’*.the of
evidence to be adduced byfltaimant, has to
decide whether the death ,of *origii1a1 claimant’ was due
injuries suffered in the :tL:.ei*cafter quantum of
the compensatior1._
6. fo11owing:–
The appeal i”s._ac::vepted; = impugned award is set
aside, inatter .rernanded to the Tribunal for
reconsider’a.tio13.Vin.the”i.i,ght of observations made herein and
in accordance’u}i’1h’_”iaw’;”Both parties are at liberty to adduce
further evidence”! .S1i.;K. Nagaraj is permitted to file vakalath
within six weeks from today.
‘)\5H
RKK/«
Parties to bear their costs.
MFA. 14406 I 07(MV)