The High Court dismissed an insurance appeal where the insurer contested a finding that the deceased died from injuries in a motor accident. The court upheld the Tribunal's view that the death had a direct connection to the accident.
The appeal was dismissed with no relief granted to the appellant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FAO No. 424 of 2013
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
FAO No. 424 of 2013 Date of decision: 31.1.2013
United India Insurance Co. Ltd.
… Appellant.
Versus.
Sumitra and others … Respondents
CORAM:- HON’BLE MR. JUSTICE M. JEYAPAUL
...
Present: Mr. Paul S.Saini, Advocate, for the appellant
M. JEYAPAUL, J :
CM No. 2577-CII of 2013:
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FAO No. 424 of 2013
three occupants referred to above received multiple serious injuries on various parts of their body. Subhash was admitted to Sapra Hospital, Hisar, on 9.5.2011. He was discharged from the hospital on 25.5.2011. He continued his treatment at home and thereafter, he died on 1.6.2011 when he was being taken to the hospital for treatment.
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FAO No. 424 of 2013
accident. A chest x-ray was taken but of course the evidence of PW-6 Dr. Tarun Sapra would go to show that Subhash was discharged in a satisfactory condition. In other words, we cannot conclusively conclude that the injured was discharged after recovering fully from the injuries he received and the trauma he underwent. The accident had taken place on 8.5.2011. He was admitted to the hospital on 9.5.2011. He was discharged therefrom on 21.5.2011. But unfortunately, he died on the way to the hospital on 1.6.2011 when he developed some complications on account of the accident.
January 31, 2013 JS
( M. JEYAPAUL ) JUDGE
2 issues framed by the court
Whether the insured's death had a direct nexus with the chest injuries sustained in the motor accident.
Whether the Tribunal's finding on cause of death was based on sufficient evidence.
United India Insurance Co. Ltd.
Sumitra
M. JEYAPAUL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
