Compensation – Accident of young Professional Character Animator & death after four years
On 25.3.2012, the deceased professional, aged 28 years, met with an accident and suffered serious injuries resulting in quadriplegia.
On 10.6.2014, the Application for accident compensation was filed.
In the meanwhile, after more than 4 years, on 17.1.2017 the deceased succumbed to serious cervical spinal cord injuries.
The Tribunal awarded compensation of Rs.62,20,000/- treating the application as death claim.
HELD that it would be extremely harsh, excessive and rather too pedantic an approach in such matters of life and death if we are to assess every single medical with mathematical accuracy which is not what the law would mandate.
Disability Certificate dated 16.12.2013 issued by a government / public hospital and the officers issuing such certificates being public officers, partakes nature of a public document under Section 74 of the Evidence Act.
Such a disability certificate would not become inadmissible because it was not prepared by the treating doctor.
Application dated 10.6.2014 filed by the original claimant would clearly cover claim of her death as resulted from the accident arising out of the offending motor accident.
Judgment dated 9.5.2025 of the High Court of Bombay in First Appeal No.154 of 2022 with Interim Application of Cholamandalam MS General Insurance Co Ltd Vs. Ms. Charu Ashok Khandal (deleted) and others
