justified in fastening the
liability upon the appellant-insurer when the
heart attack was not due to the stress and
strain factor of the employment ... same is a heavy vehicle and it involves stress and
heart attack is also on account of stress involved in his
employment and nature
healthy heart, which
made his heart weak. It was submitted that none of the family members
had a history of heart attack and his father ... when one or more areas of heart muscles do not get enough oxygen, it
results into heart attack. It is not wrong to presume here
score that the husband of the claimant had died due to heart
attack and not due to the injuries sustained in the road
accident ... road accident but was an
independent incident of death due to heart attack, and as the
death is due to heart attack, would
driver T.K.Selvaraj died in the said lorry due to
heart-attack and the said incident occurred during the course
of employment under ... course of employment and the
death is caused due to heart attack and not due to work
stress and there is no nexus between
Doctors, mentioning the cause of death as 'massive heart attack'.
Respondent No.3 submitted the accident report with the appellant and
performa respondent ... previously suffering
from any heart related disease. The entire defence of appellant is that
the deceased died due to heart attack
part of conspiracy for propagation of heart attack theory relating to
death of YS Vivekanand Reddy. It is revealed that he had informed
Sakshi ... that YS Vivekananda Reddy died due to heart attack and also
contacted CI of Pulivendula to reach the house of YS Vivekananda
Reddy to control
several grievous injuries, he was part of conspiracy for
propagation of heart attack theory. He informed Sakshi T.V., that YS
Vivekananda Reddy died ... heart attack and also contacted C.I.
of Pulivendula to reach the house of YS. Vivekandanda Reddy to
control the mob as he died
Mangaon, he was declared dead.
Evidently, the deceased died due to heart attack. The Supreme
Court noted that, Mr. Parasharam, the driver of the said ... 1476-2007.DOC
28. Only because a person dies of heart attack, the same
does not give rise to automatic presumption that the same
statement that the deceased had died on account of a heart attack. It is
stated that the present FIR has been registered after a delay ... police that the
deceased had died due to a heart attack and it has been further highlighted
(at page 33) that it has been specifically
time, deceased-Chhaganbhai
Bijalbhai felt chest pain and due to heart attack, he died in
the vehicle itself. At the time of death, the deceased ... that there is no nexus
between cause of death i.e. heart attack during use of
vehicle, as heart attack is natural cause
