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Judgment
N. Ananda, J.—MFA No. 1008/2011 is filed by claimants for enhancement of compensation. MFA Cross Objection No. 59/2013 is filed by insurance company to set-aside impugned judgment and award. I have heard Sri Shripad V. Shastri, learned counsel for claimants and Sri A.K. Bhat, learned counsel for Insurance Company.
The other facts not being in dispute, the only point that would arise for consideration in this appeal is, whether the Tribunal was justified in holding that death of K.G. Srinivasaiah on 08.11.2007 was due to injuries suffered by him in the motor vehicle accident that took place on 16.03.2006.
It is seen from records that claimants have not examined doctor to prove nexus between injuries and cause of death of K.G. Srinivasaiah. The Tribunal, on perusal of medical records without aid of expert''s opinion has held that deceased died due to injuries suffered by him in accident.
In my opinion, the approach of Tribunal is erroneous. Therefore, matter requires reconsideration to record a finding regarding nexus between injuries and cause of death in the light of medical evidence that may be adduced by claimants and rebuttal evidence that may be adduced by Insurance Company. In the result, I pass the following:
ORDER
The appeal and cross objection are accepted. The impugned award is set-aside.
The matter is remanded to Tribunal to record a finding regarding nexus between injuries suffered by K.G. Srinivasaiah in accident and cause of death in the light of medical evidence that may be adduced by claimant''s and rebuttal evidence that may be adduced by Insurance Company. In the light of medical evidence that may be adduced by claimant, the Tribunal shall redetermine compensation. The findings recorded by Tribunal on the issues of negligence and liability are confirmed.
The amount deposited by Insurance Company before this Court shall be transferred to the Tribunal. 50% of amount deposited by the Insurance Company before this Court and Tribunal shall be paid to claimants, subject to result of claim petition on merits.
The claimants shall adduce medical evidence within a period of four months from today and Tribunal shall decide the claim petition within three months thereafter. The Insurance Company is at liberty to adduce rebuttal evidence. The parties shall appear before Tribunal on 22.07.2013 The Tribunal need not issue notices to the parties for their appearance.
The office is directed to forthwith send back records along with copy of this judgment.