North West Karnataka Road Transport Corporation vs Dundappa Ramappa Rakshi (deceased) by L.Rs.

K. Sreedhar Rao, J.—Petitioner in M.V.C. No. 1283 of 1995 sustained crush injury in the middle of the left leg in the motor vehicle

accident. Petitioner took treatment at Ramdurg Hospital and at the K.M.C. Hospital, Hubli. Petitioner was an in patient for about a month and

continued treatment as an out patient. Petitioner died during the pendency of the petition. His legal representatives have been brought on record.

Accident occurred on 18.3.1995. The petitioner died on 13.10.1997. On the basis of the evidence of the Homoeopathy doctor, PW 3, the

Tribunal holds that the death is on account of injuries sustained in the accident and awarded compensation of Rs. 82,000 with interest at 9 per cent

from the date of petition till the date of payment. The K.S.R.T.C. is in appeal.

The finding of the Claims Tribunal that death is on account of the injuries sustained in the accident only on the basis of oral evidence of

Homoeopathic doctor is untenable. There is no evidence to show that petitioner suffered chronic injuries, the cause of death is not forthcoming.

Death occurred almost 2� years after the accident. The Full Bench of this Court in Kannamma Vs. Deputy General Manager, and Uttam Kumar

(Deceased) Vs. Madhav and Another, , has held that if a person injured in a motor vehicle accident dies for the reasons other than the injuries

caused in the accident, the legal representatives are entitled to claim compensation to the extent of loss to estate and not towards loss of

dependency and other general damages. The medical expenses and loss of income during treatment would constitute loss to estate.

Keeping in view the nature of injuries and the period of treatment taken by the petitioner, it is reasonable to award Rs. 25,000 towards medical

expenses and incidental charges relating to treatment. The petitioner was laid up for about four months on account of the injuries. Therefore, a sum

of Rs. 6,000 is to be awarded towards loss of earnings during laid up period. In all, the legal representatives of the deceased petitioner are entitled

to Rs. 31,000 with interest at 6 per cent from the date of petition till date of payment as against Rs. 82,000 awarded by the Claims Tribunal.

The amount in deposit to be transferred to the Tribunal for payment.