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Haseena & Ors. vs. The United India Insurance Co. Ltd. & Anr. (SC)

52.00 5.20

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Motor Accident Claims–Accident–Whether it was the cause of death–Determination–Accident occurred on 29.04.2006 and death occurred 18.09.2006 after a surgery–The cause of death was pulmonary embolism/acute myocardial infarction–PW 1, the plastic surgeon found the death to be not a direct cause of the accident–Victim had a history of mild blood pressure and diabetics–Cholesterol was found at a high level in the preoperative tests–Even, the wife of the deceased stated that he suffered three injuries on the right leg, a wound and a fracture on the right finger–High Court elaborately considered the arguements regarding the cause of acute myocardial infarction–The contention that such a condition could occure due to a long bed rest, was also negatived as there was no evidence to show that the petient was advised for such a bed rest–Merely by reason of the proximity of the accident and the death or the possibility of acute myocardial infarction occurring for reason of a long rest, it cannot be assumed without clear evidence to substantiate the death having been caused as a result of the injuries sustained in the accident–Interference declined.