NEW INDIA ASSURANCE LTD. Vs. GUNJAN & ORS.

JUDGEMENT

(1.) THE Appellant New India Assurance Company Limited impugns a judgment dated 12.07.2010 whereby a compensation of Rs.7,61,704/ - was awarded to Respondents No. 1 to 3 for the death of Rajesh Kumar, who died in a motor accident which occurred on 28.01.2005. The following contentions are raised on behalf of the Appellant: -

(2.) ON the issue of negligence, Smt. Gunjan, the deceased's widow entered the witness box as PW -1. She testified that on 28.01.2005 at about 11:30 A.M. she was standing Opposite a Juice Shop at Andrewj Ganj Bus Stop, Ring Road. Her husband Rajesh Kumar was crossing the road for hiring a taxi. In the meanwhile, a motorcycle bearing No. DL -7SK -7973 came from the side of Mool Chand Hospital. It jumped the Red Light Signal and hit her husband while it was being driven at the speed of 80 -90 km/hr. Her husband fell down and suffered severe head injury. She deposed that the motorcyclist and the girl, who was the pillion rider also fell down and suffered injuries in the accident. The motorcyclist was caught at the spot. He gave his name as Anupam Arora. She also noted down the number of the motorcycle.

(3.) THE Discharge Summary Ex.PW -1/1 shows that the deceased had suffered head injury in the accident. At the time of his discharge there was "severe head injury left temporal with abscess hydrocephalus". The deceased remained admitted in AIIMS from 28.01.2005 to 08.04.2005. He underwent surgeries on 29.01.2005 and 24.02.2005. In the Postmortem Report Ex. PW -4/1 the cause of death was stated to be "brain abscess". Although, the deceased succumbed to the injuries only on 26.1.2005, since the death was on account of brain abscess, the proximate cause of his death was the injuries suffered in the accident which occurred on 28.01.2005.