HC sets aside lower court order

Directing a private insurance firm to pay compensation of Rs 3.23 lakh with 7.5 per cent interest, Justice G M Akbar Ali said the doctor had deposed that the victim had suffered severe injuries to his private parts and he was at the risk of death any moment. This aspect had not been taken into consideration by the lower court, the judge said.

The judge said patient's health had been seriously affected only due to the injury caused in the accident. Hence the argument of the insurance company that he had died only due to ill-health cannot be accepted.

The deceased, a 35-year-old man, was seriously injured after his two-wheeler collided with a lorry on May 14, 2004.

He was discharged from government hospital on June 16, with the observation that as his injury was of serious nature and he could die. He passed away after a month.

The victim's wife filed a petition seeking compensation for death due to accident. The lower court held that as the man had been discharged from the hospital and was at home for a month, he could not claim insurance benefits.

This was challenged in the High Court.