K.KANNAN, J. - (1.) The appeal is at the instance of the Insurance Company challenging the award on the ground that there was no proof that the death was on account of accident. It was a case of an accident having taken place on 15.03.2013 when the MLR recorded that he had head injuries. He was discharged from the hospital in a satisfactory condition on 19.03.2013. He was readmitted on 03.05.2013 and the summary of treatment recorded from the hospital showed that the problem was diagnosed to be "right temporo - parietal bleed with midline shift". The condition of the patient was said to be bad but he got discharged on 07.05.2013 against medical advice. He ultimately succumbed to death on the day of his discharge itself.
(2.) The counsel for the Insurance Company argued that he was already a TB patient with cirrhosis of liver and it cannot be surely predicated even without a post mortem that death was only account of head injury suffered in the accident. The doctor, who was examined in court, stated that chances of recovery could not be ruled out if the deceased had stayed on for treatment. The doctor was not however able to assess the "percentage of recovery possible" (sic), meaning thereby he was not able to assess the prospect of recovery. This, according to the counsel, would show that a patient who was indiscreet to deny himself the treatment and who could have been treated well could leave any cause of action for the representatives to plead that the death was only on account of accident.
(3.) In this case between the date of accident on 15.03.2013 to the date of death on 07.05.2013, there was no other intervening episode that could have aggravated the medical condition except that the petitioner denied to himself the treatment which perhaps was available. The cause for death could also be easily discerned from the fact that when he was readmitted on 03.05.2013, the diagnosis was that there were internal bleeding within the skull and when there was a reference about the general poor condition. Seen in the context of such diagnosis with no reference to the condition of cirrhosis of liver or the tuberculosis which the deceased was said to have already contacted the precipitating factor for the poor condition was only the head injury with internal bleeding within the skull in the brain area. A decision to get discharged even against medical advice at the terminal stage of life shall not be likened to an invitation to be assisted suicide. It is embracing dignity in death.;