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2016 Supreme(P&H) 2828

K.KANNAN
National Insurance Co. Ltd. – Appellant
Versus
Kailash Mehra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Paul S. Saini
For the Respondents: Ashwani Arora, Yogesh Gupta

JUDGMENT :

K. Kannan, J.

The appeal is by the insurer challenging the finding attributed to death of Ram Kumar as resultant to the use of motor vehicle. The incident alleged was on 21.05.2010. The deceased was travelling in a rickshaw, with his brother following him by bicycle. The insured's vehicle which was a car was reported to have dashed against the rickshaw from behind when the deceased fell down from the vehicle. He had bruised himself and he was reported to have been taken home. He did not get admitted till the next day at 9.30 pm at the hospital where he died and the cause of death as entered in the hospital records was "Broncho-pneumonia, coronary artery disease in case of pre-existing liver cirrhosis". A copy of the record prepared by Rajiv Aggarwal was Ex.P.14. The Doctor who was at the Department of Forensic Medicine and Toxicology, GMCH, Sector 32, Chandigarh was examined as DW4 who spoke from the hospital records to say that it was a known case of chronic heart disease and alcoholic liver disease. The death report P3 entered in Column 16 the cause of death as alcoholic liver disease with hepatic encephalopathy with shock. The Doctor had explained that shock is the ulti






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