Rita Devi @ Rita Gupta vs National Insurance Co. Ltd. on 24 October, 2007
21. A
bare perusal of the law laid down by the Hon'ble National Commission
in the case of Rita Devi (supra) clearly
11
covers
the present issue of this appeal and when a death due to cold wave
could be treated as an accidental death , therefore, the death which
had taken place due to inhalation of hard cook gas would certainly
amount to accidental death especially when the death of the deceased
is neither suicidal nor homicidal and nor natural one and further the
incident in the present case where the death had taken place due to
inhalation of hard cook gas would certainly amount as an untoward
event or unintended occurence which was not expected or designed and
further an ordinary man could not expect such occurence and further
since that unintended occurence had resulted an adverse physical
result in the shape of death of the deceased due to suffocation,
therefore, it would certainly amount to accidental death.