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2013 Supreme(P&H) 1641

MUTTACI JEYAPAUL
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
SUMITRA – Respondent


JUDGMENT :

M. Jeyapaul, J.

CM No. 2577-CII of 2013:

1. There is a delay of 3 days in filing the appeal. For the reasons set out in the application, the delay is condoned. CM stands disposed of.

FAO No. 424 of 2013:

The Insurance company aggrieved by the finding of the Tribunal that deceased Subhash died due to the injuries he sustained in the motor accident which took place on 8.5.20111, preferred the present appeal.

2. The claimants have contended that on 8.5.2011, the deceased was going along with Makhan Singh to village Jhalnia on a motor-cycle. The offending vehicle bearing registration No. HR-62/2499 driven by its driver in a rash and negligent manner, came from the opposite direction and struck against the ill-fated motor-cycle. It has been contended that all the 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.

3. It was contended by the insurance company that the death of Subhash had no connection w




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