AIR 2004 SUPREME COURT 3445 ::2004 SCC(Cri) 1061 ::2003 (10) SCC 53

Supreme Court Of India

(From : Madras)

Hon'ble Judge(s): V. N. Khare, Satya Brata Sinha , JJ

Motor Vehicles Act (59 of 1988) , S.168— Compensation - Motor accident - Deceased met with an accident owing to rash and negligent driving of driver of a bus belonging to respondent-Corporation - Deceased was indoor patient for one week and threafter was being treated in Government Hospital where he died - Medical certificate showing that cause of death was due to primary disease hypoxic encephaloperthy and immediate cause of death was due to cardiac respiration arrest - Evidence of doctor that accident might have been result of cause of death of deceased - No strong and cogent reason has been assigned by High Court in support of its finding that there was no proper medical treatment and, therefore, cause of death is not attributable to accident - Order of High Court granting compensation of Rs. 76,000/-, set aside - However, in facts and circumstances and long lapse of time, instead of remanding matter compensation is determined at Rs. 2,00,000/-. (Para 15 16)