NATIONAL INSURANCE CO. LTD. Vs. JITRENDRA SINGH

JUDGEMENT

(1.) This Miscellaneous Appeal has been filed by the Insurance Company being aggrieved by the award dated 06.01.2005 passed in Claim Case No.17/2002 by the Court of First Motor Accident Claims Tribunal, Morena on the ground that accident had taken place in the intervening night of 28.10.2001 and 29.10.2001 at about 1:30 am at village Sikri and the deceased died on 18.09.2002 at J.A. Hospital, Gwalior when he was under treatment. It is submitted that there is a vast gap of about 11 months between the date of accident and the date of death, and therefore, claims tribunal erred in holding that proximate cause of death of deceased was accident which was admittedly taken place in the intervening night of 28.10.2001 and 29.10.2001.

(2.) It is submitted deceased was admittedly diagnosed with Glioma which is a type of tumor that starts in the glial cells of the brain or the spine and is called Glioma because it arises from glial cells. It is pointed out that though deceased was taking treatment but that was from a cosmetic surgeon for plastic surgery and not for the tumor.

(3.) Attention has been drawn to Exhibit P-34 which is a C.T. Scan report of the deceased Jitendra dated 17.09.2002 in which it has been mentioned that mass lesion left parieto-occipital region could be Glioma.