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Judgment
Ram Mohan Reddy, J. - The Insurer of the offending motor vehicle has presented this appeal calling in question the Judgment and Award dated 6-2-2012 in MVC No. 98/2008 on the file of the Principal Senior Civil Judge and MACT., Shimoga (�MACT� for short), insofar as it relates to the finding that death was due to injuries suffered in the accident involving the motor vehicle although the deceased is said to have died due to �myocardial infraction� (Heart Attack).
Learned counsel for the appellant places reliance on the oral testimony of PW.2 - Dr. Vrunda J. Bhat, Assistant Professor, Forensic Medicine, KMC, Manipal, where the deceased - Devappa Gowda was treated with the history of road traffic accident involving the motor vehicle on 24-3-2008, where afterwards despite treatment he died on 7-4-2008 due to �coronary attack Blockage�. According to the learned counsel for the appellant, PW.2 did not give a definite opinion as to whether the cause of death being �myocardial infraction� was as a result of the injuries suffered in the accident.
Learned counsel places reliance on Ex. P6 - post-mortem report, none other than Ex. Cl in which the opinion as to cause of death is certified as �acute myocardial infraction�. In addition, it is submitted that RW.2 -Dr. Prabhakar, who treated the injured for the first time at the Government Hospital, Thirthahalli did not state whether the death due to myocardial infraction was as a result of the accidental injuries.
The fact that the deceased suffered injuries in an accident involving the motor vehicle insured by the appellant is not in dispute. The injuries suffered by the deceased as recorded by the Doctor at KMC Hospital, Manipal were :-
"1. Horizontally placed surgically sutured wound measuring 9.5 cms, situated over the lower aspect of left knee joint with 4 cm long surgically sutured wound extending downwards vertically from its medial end and surgically sutured wound on its lateral end, upper limb measuring 4 cms and lower limb measuring 3 cms. There is a partially healed abrasion in the stage of hypopigmentation measuring 3 x 2 situated on the medial aspect of the lower margin of the horizontal wound at its junction with the vertical limb.
Vertically placed surgically sutured wound with approximated edges 5.5 cms in length, on the front of the upper ⅓rd of the left leg. 7 cms. beneath the injury No. 1.
Two partically healed superficial lacerations, one each on the proximal interphelangeal joints of the left little and ring finger on their dorsal aspect measuring 2 x 0.4 cms.
Partially healed abrasion with hypopigmentation on the proximal interphalangeal joint of the left meddle finger measuring 1.5 x 1.2 cms."
The aforesaid injuries were noticed by PW-2 on the date of admission in the hospital on 24-3-2008 with the history of road traffic accident when the deceased was first admitted in the Government Hospital, Thirthahalli and later on shifted to KMC, Manipal for further treatment. The aforesaid fact of the injuries suffered by the deceased is not in dispute.
Ex.P6 - post-mortem report certifies the cause of death as �acute myocardial infraction�. RW.2, the Doctor who treated the deceased for injuries in the Government Hospital speaks to the medical assistance extended to the deceased who was told to approach a higher Hospital.
The oral testimony of PW.2, whose opinion when enquired by the Investigating Officer of the State Constabulary is marked as Ex. C 2 stated that the death might have caused due to the road traffic accidental injury. That opinion was accepted by the MACT., to record a finding that though the cause of death is myocardial infraction, nevertheless, it was due o the accidental injuries. If regard is had to the fact that accidental injury preceded the death of the injured, it is possible that the accidental injuries accelerated the myocardial infraction leading to the Heart Attack as opined by PW 2 in -Ex. C2. Keeping in mind, the proximity of the date of the accident i.e., 23-4-2008 and the date of death as 7-4-2008, it cannot but be said that the oral testimony and opinion of PW.2 is acceptable.
In the considered opinion of the Court, having regard to the material on record, the fact that the deceased died due to myocardial infraction, it cannot but be said was as a result of acceleration due to the accidental injuries suffered.
No other grounds are urged. Appeal devoid of merit dismissed.
The amount in deposit is directed to be transmitted to the MACT.