Deepak Sahu And Ors vs State Of Chhattisgarh And Ors. 17 ... on 29 April, 2019
"15 Unfortunately, the High Court did not discuss the
materials on record in detail. It is not in dispute that
the deceased was an indoor patient from 1401.1991
to 21.1.1991. fie thereafter was being treated in
Government Hospital, Palladama. He died there.
The medical certificate shows that the cause of
death was due to the primary disease hypoxic
encephalopathy and immediate cause of death was
due to cardiorespiratory arrest. The doctor examined
on behalf of the claimants categorically stated that
the accident might have been the cause of death of
the deceased. The doctor examined on behalf the
behalf of the deceased. The respondent did not
bring any material on record to show that there was
no link between the accident and the death. The
finding of the High Court that there was no proper
medical treatment and, therefore, cause of death is
Deepak Sah Vs. Sanjeev Kumar & Ors. 13/33
MACP No. 7106/16; FIR No. 416/16; PS. Alipur DOD: 19.10.2022
not attributable to the accident does not appear to be
based on any material on record. In any event, it
cannot be said to be the correct approach adopted
by the High Court particularly when the Tribunal on
the basis of the materials brought on record by the
parties came to a contrary finding. No strong and
cogent reason has been assigned by the High Court
in support of its judgment reversing the findings of
the Tribunal. It accepted the submission made on
behalf of the respondent herein without analysing
the materials and without arriving at a clear finding of
fact."