The Oriental Insurance Company Limited vs Kusum Lata And Others
2024 Latest Caselaw 6475 P&H

Punjab-Haryana High Court

The Oriental Insurance Company Limited vs Kusum Lata And Others on 21 March, 2024

Author: Alka Sarin

Bench: Alka Sarin

                                                                                2024:PHHC:041483

                                    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                   CHANDIGARH

                         136-A                                        FAO-1368-2024 (O&M)
                                                                      Date of Decision : 21.03.2024

                         THE ORIENTAL INSURANCE COMPANY LIMITED                          .... Appellant

                                                           VERSUS

                         KUSUM LATA & ORS.                                           .... Respondents

                         CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

                         Present :      Mr. D.P. Gupta, Advocate and
                                        Mr. Shubham Gupta, Advocate for the appellant.

                         ALKA SARIN, J. (ORAL)

1. The present appeal has been preferred by the appellant-

Insurance Company challenging the award dated 02.02.2024 passed by the

Motor Accident Claims Tribunal, Panchkula on the ground of quantum of

compensation awarded as well as on the ground that the deceased himself

was responsible to a certain extent inasmuch as the deceased was not

wearing a helmet.

2. Learned counsel for the appellant-Insurance Company would

contend that though not wearing a helmet could not be a ground for holding

the appellant-Insurance Company not liable to pay the compensation,

however, the same could definitely be considered as a contributing factor to

the death. Learned counsel would further contend that in the postmortem

report of deceased, namely, Ankit, it has been stated that the cause of death

was combined factor of craniocerebral damage and hemorrhagic shock

consequent to blunt trauma.

integrity of this judgment/order.

                          136-A        FAO-1368-2024 (O&M)                                        -2-


                         3.           Heard.

4. In the present case though the cause of death has been

mentioned as combined factor of craniocerebral damage and hemorrhagic

shock consequent to blunt trauma, however, the injuries as mentioned in the

postmortem report do not depict any such injury on the head. Infact, blunt

trauma can occur in a situation when the victim's head collides with the

surface or object or when a flying or falling object strikes the victim's head.

Normally blunt injuries result in a concussion and skull fracture. From the

perusal of the postmortem report it is difficult to conclude that the death was

only due to a head injury and hence the argument of the learned counsel for

the appellant-Insurance Company that since the deceased was not wearing a

helmet the same was contributing factor leading to his death cannot be

accepted. No other argument has been raised.

5. In view of the above, the present appeal being devoid of any

merit is dismissed. Pending applications, if any, also stand disposed off.

                         21.03.2024                                          (ALKA SARIN)
                         Aman Jain                                              JUDGE

                                      NOTE:        Whether speaking/non-speaking: Speaking
                                                   Whether reportable: Yes/No







integrity of this judgment/order.