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2019 Supreme(Del) 590

NAJMI WAZIRI
Star Health and Allied Insurance Co Ltd – Appellant
Versus
Ambedkar Singh – Respondent


Advocates:
Advocate Appeared:
Suman Bagga, Adv., Pankaj Gupta, Adv., Rajesh Kumar, Adv.

JUDGMENT :

NAJMI WAZIRI, J.

1. This appeal impugns an order dated 02.12.2012 granting compensation to the respondents for the demise of Subodh Singh, the relative of the claimants. Subodh Singh expired in Saudi Arabia, where he had been sent in the course of his employment. Before his departure from India, the employer and the Insurance Company had both examined him medically and had found him to be physically fit or not suffering from any ailments.

2. The aforesaid medical examination was all the more necessary and relevant for the insurance company because the insurance cover was extended when the insured had sufficiently satisfied itself that the assured Mr.Subodh Singh did not suffer from any medical infirmity. The claimants' contended that because of strain and stress brought about by more than normal working hours, on regular basis, in a foreign land, the deceased developed mental and physical stress. This was compounded with the extremely high day temperatures in that country. The claim was allowed on the same ground in terms of the following reasoning:-

"6. On perusal of record and material available and pleadings of both the parties, it is clearly established that the deceased



































































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