The New India Assurance Company Ltd. vs Gagandeep Kaur on 11 February, 2016
9. There is no dispute about the fact that the post mortem
examination is meant for ascertaining the cause of death and such a
post mortem report would have been the best evidence for proving
that Gurbhej Singh had died as a result of the injuries, so received
by him. According to the complainants due to their unawareness
they did not get post mortem examination conducted on the dead
body of the deceased. It was held by this very Commission in
Darbara Singh & others v. The Taprian Amar Singh Cooperative
Agriculture Services Society Limited & others [2013(4) CLT 192]
that merely non-production of the post mortem examination itself is
not sufficient for proving that the death of the insured was not
accidental. In that case also the insured had died in his house after
First Appeal No.616 of 2015. 7
10 days of his discharge from the Hospital and the post mortem
examination was not conducted in those circumstances.