Baljit Kaur vs Aditya Birla Health Insurance Co. Ltd. on 1 February, 2022
17. OPs No.1 & 2 have also not led any evidence to prove
that the death of the DLA occurred due to alleged ailment of
Retroperitoneal Tumor. The onus to prove that said ailment had
any nexus with the accidental death of the DLA was on OPs No.1
& 2, which they have miserably failed. We are fortified in this
regard from the judgment dated 07.01.2019 passed by the Hon'ble
Madras High Court in C.M.A.Nos.2957 of 2018 and 1240 of 2017
and C.M.P.No.22408 of 2018 (Oriental Insurance Co. Ltd. v. L.
Ariamala). In Para-11 of that judgment, it was held as under: