NATIONAL INSURANCE CO. LTD. Vs. SIKA TOKBIPI

JUDGEMENT

(1.) The Insurer/appellant/the National Insurance Company Ltd. is represented by learned counsel Mr. Imti Imsong while the respondents are represented by learned counsel Mr. P.B. Chetry.

(2.) Briefly stated, the facts of the case is that the victim met with an accident on 21.12.2012 and sustained serious injuries resulting in fracture of both his legs and spinal injuries and head injuries. The victim Rensing Hanse first filed the claim petition by himself for injuries sustained. However, pending his medical treatment, the claimant died on 02.06.2014 at Manja. Thereafter, legal representatives filed petition for substitution of the claim after the demise of the victim who is now the leading claimant, wife of the victim substituted legal representative along with 4 minor children. The substitution petition was filed on 22.09.2017.

(3.) The main contention raised by the appellant is that there is no proximity of the injuries and the death of the deceased. It is contended that at the trial stage, objections were raised that there is no proximity of injuries and the alleged death of the deceased. However, the learned MACT did not examine the evidence as to the alleged injuries and resultant death of the deceased which occurred after more than 2 years of the said incident of accident. Therefore, without examining the doctor who treated the deceased, it could not be established that the victim died out of the injuries sustained in the vehicle accident.