THE ORIENTAL INSURANCE COMPANY LTD. Vs. DARSHANSINGH AND OTHERS
LAWS(MPH)-2018-6-212
HIGH COURT OF MADHYA PRADESH
Decided on June 21,2018

THE ORIENTAL INSURANCE COMPANY LTD. Appellant
VERSUS
Darshansingh And Others Respondents

JUDGEMENT

VIVEK AGARWAL, J. - (1.) This misc. appeal has been filed by the insurance company being aggrieved by the award dated 27.01.2006 passed by the court of First Motor Accident Claims Tribunal Shivpuri in Claim Case No. 193 of 2005 (Darshan Singh and Others v. Virendra Yadav and Others) on the ground that the accident had taken place on 5.2.2004 causing injuries in the nature of fracture of tibia and fibula of both the legs of deceased Sukvinder Singh and he died on 11.3.2005.
(2.) It is submitted that there is no direct nexus between the death of the deceased and the accident and besides this, the fact remains that the deceased was admitted in the government hospital for about 20 days and thereafter, he has not taken any treatment from any recognised medical practitioner. It is submitted that no Postmortem was performed on the dead body of the deceased to suggest that there was nexus between the cause of death and the accident. It is further submitted that claimants have examined (PW2) Dr. Shamshad Beig Mirza claiming himself to be a doctor without exhibiting any of his medical prescriptions/bills of the medicines which were purchased on such prescription. Merely saying that because of poor financial condition, the deceased could not take regular treatment and he was treated by said (PW2) Dr. Shamshad Beig Mirza, is not sufficient. It is further mentioned that because of pus formation in the wounds caused due to accident, he died on 11.3.2005.
(3.) Learned counsel for the appellant has placed reliance on the judgment of Supreme Court in the case of Anil v. New India Assurance Co. Ltd., MACD 2018 (1) (SC) 38 wherein, the ratio is that when there is no medical evidence to prove that the death occurred due to injuries received in the accident, the finding of the High Court declaring assessment of compensation to be perverse, has been upheld by the Hon'ble Supreme Court.;


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