LISA GILL, J. - (1.) THIS order shall dispose of FAO No.1306 of 1997; FAO No.1292 of 1997 and FAO No.1293 of 1997 arising out of the common award dated 24.05.1997 vide which four claim petitions have been decided. Briefly stated, the facts are that on 17.12.1990 Kulwant Rai Sharma (deceased) was being taken for treatment from Oberoi Hospital, Gurdaspur to a hospital in Amritsar in Maruti van bearing registration No. PB - 06 -6001. Kulwant Rai Sharma was stated to be accompanied by his wife Parveen Kumari, Bittu @Rakesh Kumar Sharma and one Urmil Gill, nurse of the Oberoi Hospital. The said van was being driven by Raj Kumar. When the Maruti van was about 1 -1/5 kilometers ahead of Bidhipur railway crossing, an accident was caused by a Contessa car bearing registration No. CHC -103 being driven rashly and negligently by respondent No.1. Parveen Kumari and Bittu @Rakesh Kumar Sharma received injuries and were admitted to Civil Hospital, Gurdaspur. Kulwant Rai Sharma was taken to Dr. Prem Rai Nursing Home, Amritsar where he passed away on 18.12.1990. Four claim petitions were filed. One by Parveen Kumari and others claiming compensation of Rs.8,00,000/ - on account of the death of Kulwant Rai Sharma. Another petition by Parveen Kumari claiming compensation on account of the injuries received by her. Rakesh Kumar Sharma and Raj Kumar also filed separate claim petitions claiming compensation on account of the injuries received by them in this accident.
(2.) THE Tribunal has held that there is no evidence to hold that Kulwant Rai Sharma received injuries in this accident due to which he died on 18.12.1990. The claimants in the said petitions were not held entitled to any compensation. A sum of Rs.60,000/ - was awarded to Raj Kumar (who has not preferred any appeal before this Court), Rs.25,000/ - to Parveen Kumari and Rs.20,000/ - to Rakesh Kumar Sharma on account of the injuries suffered by them. It has been contended by learned counsel for the appellants that there is sufficient evidence to show that Kulwant Rai Sharma had, in fact, died due to the injuries caused in the accident which took place on 17.12.1990. It is submitted that as per the statement of AW4, Urmil Gill i.e., the nurse, who was accompanying the deceased, Kulwant Rai Sharma was taken to the hospital for operation of the piles only to Kakkar Hospital at Amritsar. Furthermore, RW3 Dr. Sushminder Kumar, Consultant and Anesthetist from the Prem Rai Nursing Home, Amritsar has opined that Kulwant Rai Sharma had died due to a massive heart attack. It is, thus, contended that these facts in itself show that Kulwant Rai Sharma had suffered this heart attack due to the accident and therefore, his death is directly relatable to the accident, which took place on 17.12.1990. I have gone through the photocopy of the statement of Urmil Gill, AW4, who is proclaimed to be a helper in the Oberoi Hospital, Gurdaspur and she has clearly deposed that "we were under the impression that Kulwant Rai might die on the way as his condition was very serious .. .... .... ... I do not know since how much period Kulwant Rai was in Oberoi Hospital, Gurdaspur ... ... .... .... Drip had been applied to Kulwant Rai. I was to come back after leaving Kulwant Rai to the Hospital at Amritsar .. .... ..... ...." Dr. Sushminder Kumar (RW3) of Prem Rai Nursing Home,
(3.) AMRITSAR has stated that there was no injury on the body of Kulwant Rai and that one Kulwant Rai Sharma had been admitted by him in the Nursing Home on 17.12.1990 and he was complaining of bleeding piles and was diagnosed as patient of "septicaemia and shock". He was given treatment but despite their best efforts and due to a massive heart attack during the course of treatment, he died on 18.12.1990. The learned counsel for the appellants has not been able to point out anything on record to show that Kulwant Rai Sharma had suffered any injuries in the said accident or that his death was caused by the said accident on 17.12.1990. It is relevant to note that Urmil Gill, the nurse who was stated to be accompanying them in the car is also not shown to have suffered any injuries. There is, thus, no infirmity in the finding returned by the Tribunal on this count and the same is upheld, namely, that the claimants have failed to prove that Kulwant Rai Sharma died on 18.12.1990 due to any injury caused in the accident, which occurred on 17.12.1990 with the offending Contessa car.;