From Accident Injury to Mortality – SC for Proof Beyond Proximity

Judgment dated .9.2025 of the Supreme Court of India in Civil Appeal No.6621 of 2025 of Haseena and others   Vs.  The United India Insurance Co. Ltd and another

From Accident Injury to Mortality – SC demands Proof Beyond Proximity

Functional injuries must be linked to the death after five months

Mere temporal proximity between accident and death after six months is not sufficient – There must be clear medical evidence showing that the accident directly led to the death.

The Claimants are the dependents of deceased Excise Guard.  The motor cycle of deceased collided with another motor cycle on 29.4.2006.  He was taken to the hospital for treatment.  However, the death occurred after five months on 18.9.2006 due pulmonary embolism / acute myocardial infarction.

The Tribunal found that the death was direct consequence of the accident.   However, the High Court reversed the said finding.

HELD that merely by reason of the proximity of the accident and the death or the possibility of acute myocardial infarction for long bed rest, it cannot be assumed, without clear evidence to substantiate the death having been caused as a result of the injuries sustained in the accident that the death occurred by reason of the accident.   There cannot be found even a preponderance of probability, going by the Doctor’s evidence.