years of age, and
their classmates were habituated to Gutkha Chewing habits, as they were influenced
by their friends and associates due to advertisement ... opponents/respondents who manufacture the tobacco products
under the name as Gutkha, etc. are responsible for the same. According to
the complainants/ appellants, they used
conclusion that the DLA suppressed the
material facts about the habit of gutkha chewing for last fourteen years
and the disease called Dyspepsia ... opening mouth since last five years. DLA was also habitual with chewing gutkha for
the last fourteen years. Opponent Insurance
Corporation investigated medical summary from
opponent insurance
company were that the deceased has habit of gutkha chewing and suffering from
cancer which was suppressed by the deceased insured ... habit of smoking and
3 F.A. No. 48-12
Gutkha chewing at the time of filing of insurance proposal on 11.04.2008. It was
contended
testing at the laboratory
itself is unwarranted and not required since Gutkha pouch found in the
bottle could be seen even by naked eyes ... negligent in not observing
hygienic and safety concerns and thereby allowed the Gutkha pouch
to be left inside the bottle during the manufacturing process
complainant by opening the cap
of the bottle had inserted the gutkha packet and then closed the bottle, and filed this complaint
by raising allegations ... Carbonated Beverage - RTS, ........
and found to contain "Foreign matter - (Plastic shanty Gutkha packet- 0.279gm) and "Brown
colour dust particles
consumption due to the presence of
empty polythene pouch of sudershan brand gutkha.
5.
Appellant in the present case
had filed the present appeal ... human
consumption as it contains empty polythene pouch of
sudershan
brand gutkha. As such, the appellant
should have been awarded atleast
opposite party No.1 and found an empty
sachet of RMD Manichanda Gutkha
packet at the bottom of 200 ml cool drink bottle ... drinks are manufactured in sophisticated plants and if there
indeed was a gutkha packet it would not have gone
unnoticed, as it would be visible
found one bottle leaking and
another bottle containing broken pouch of Goa gutkha. Therefore on the
next day i.e. on 7.4.2004 complainant sent notice ... that one of the bottles was containing the
broken pouch of Goa gutkha. It is submitted that both the bottles were
shown to the complainant
instant case, referring to the history of chewing of tobacco and
Gutkha for about 25 years as mentioned in the discharge card/summary issued ... alcohol.
6. According to appellant long standing habit of chewing tobacco and
Gutkha bound to lead to oral cancer and thus it would fall within
Hospital, Hyderabad.
These records were not provided. He is a tobacco chewer(Gutkha). He had sugar
problem since about 6 months(emphasis supplied). The records