NEW INDIA ASSURANCE CO. LTD. Vs. NOOR MOHD. AND OTHERS

JUDGEMENT

(1.) This appeal is directed against an award dated 26-8-89 passed by learned Motor Accident Claims Tribunal, Srinagar in Claim Petition No. 156 of 1978 whereby an amount of Rs. 90,000.00 with 10% interest from the date of filing of the claim petition has been awarded in favour of the claimants, ail of whom are sons and daughters of Shri Dina Nath, who initially was injured in a motor accident, but later on died. Brief facts leading to the filing of appeal are that on 19 Oct. 1977 near khanyar crossing in Srinagar Town, the deceased Shri Dina Nath was run over by a Bus No. JKB-4707 driven by its driver Noor Mohd respondent No.1 herein rashly and negligently. Due to this accident, he sustained grevious injuries resulting in fracture. The deceased Shri Dina Nath, who at that time was alive, filed an application for compensation for injuries suffered by him. On 9-7-1980 the Tribunal framed the following issues for trial:-

(2.) On 23.9.80, counsel for the claimant Shri Dina Nath stated that the claimant had died and sought time for filing an application for bringing on record his legal representatives. The application was ultimately allowed and respondents No. 3 to 7 were brought on record as claimants, in their capacity as legal representatives of the deceased Dina Nath. On 23-3-81, an additional issue was framed which reads as under:-

(3.) Mr. R.K. Gupta, learned counsel appearing for the appellant has contended that the Tribunal was not justified in awarding Rs. 90,000.00 as compensation, firstly, according to him deceased had not received any grievous injuries and secondly, his death could not be attributed to the injuries allegedly sustained by him in the alleged accident which was the subject matter of the claim petition. The Tribunal has based its award only on the testimony of two witnesses PWs Dr. T.S. Sethi and Dr. R.L. Choudhary. Dr. T.S. Sethi has deposed that Dina Nath was admitted in SMHS Hospital Srinagar on 15-11-1978 with compound fracture of right femur. The patient was put on traction for about two months. After that he lost contact with the patient and he saw him again on 27-3-79. By that time he had been operated upon at PGI Chandigarh. According to this witness, the patient never turned up again after 27-3-79. The statement of Dr. R.L. Choudhary makes an interesting reading. For ready reference original deposition needs to be reproduced. The statement as recorded on 14-11-1981 is reproduced in its entirety as under:-