12.As stated earlier, the deceased Kamalammal under went treatment for three days up to 16.08.2011 as inpatient in SRM Medical College Hospital and after discharge she died nearly after 17 months on 03.02.2013 only. There is no evidence to link her death with the injuries suffered in the accident. Further, no postmortem certificate was produced. Therefore, it is clear that the claimants are not entitled to seek compensation for the death of deceased Kamalammal, but only for the injuries suffered by her in the accident. The claimants stated that the injured Kamalammal suffered frontal bone fracture, severe head injury, orbit fractured, scalp injury and multiple grievous injuries all over her body. It is evident from Ex.P2 and P3 discharge summary that the deceased Kamalammal suffered grievous injuries. Even though, no Doctor was examined to prove the disability suffered by the petitioner, the Tribunal fixed the disability at 30% and provided for a sum of Rs.3,000/per percentage. Thus, Rs.90,000/-(Rs.3,000/- x 30%) was awarded as disability compensation. In the absence of any medical evidence to show that the petitioner suffered permanent disability, it will not be appropriate to provide compensation at Rs.3,000/- per percentage. Similarly, in the absence of any medical evidence to prove that the injuries suffered by the petitioner caused functional disability, it will not be appropriate to provide him disability compensation as done by the Tribunal. Taking into account the documents produced by the petitioner, it is clear that the petitioner suffered bone fracture and grievous injuries. As such, it will be appropriate to provide Rs.30,000/- as compensation to the petitioner for grievous injuries suffered by her.
