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NATIONAL INSURANCE CO. LTD versus MATHAI. K.J

High Court of Kerala

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NATIONAL INSURANCE CO. LTD v. MATHAI. K.J - MFA No. 1067 of 2001 [2007] RD-KL 391 (5 January 2007)

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

M.F.A.No. 1067 of 2001

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 MFA1067/2001 2 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


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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