Haseena VS United India Insurance Co. Ltd.
Motor Vehicles Act (59 of 1988) , S.168— Motor accident – Death claim – Death whether direct result of accident – Determination – Deceased involved in accident, suffered minor fractures and non-healing ulcer on his foot – Five months later, while undergoing skin-grafting surgery for ulcer, he died of pulmonary embolism/acute myocardial infarction – Doctor admitted that initial injuries were not serious in nature – Doctor also stated that victim had history of high cholesterol and mild blood pressure, and that cause of death was not definitively confirmed due to family’s refusal to allow post-mortem examination – Mere “proximity” of accident to death was not sufficient to establish direct causal link – Even preponderance of probability was not found – In absence of conclusive evidence to prove such nexus, High Court had rightly considered claim for injuries but rejected claim for compensation for death
