Insurance Coverage For Accidental Death : The Supreme Court of India
The Supreme Court passed a judgement on 9th February, 2023. This was seen in the case of NATIONAL INSURANCE COMPANY LTD.Vs. THE CHIEF ELECTORAL OFFICER & ORS CIVIL APPEAL No.4769 OF 2022 and he case was presided over by Mr. Hon’ble Justice Sanjay Kishan Kaul and Mr. Hon’ble Justice Abhays Oka
FACTS OF THECASE:
In this case the State Government opted for a Group Insurance Scheme vide letter dated 10.02.2000 to cover its premium paying employees, who were appointed for election related activities. It appears that keeping in mind the period of the by-polls, the duration of the insurance scheme was extended from 24.05.2000 to 23.06.2000 by way of a supplementary policy.and This incident was done during these by-poll elections.
JUDGEMENT
The deceased who was deployed for election duty died due to sun stroke stroke while performing his duties the Patna High Court granted relief to the wife of the deceased and court held that wife of the deceased was entitled to claim insurance coverage under the MoU by relying on the clause “death only resulting solely and directly from accident caused by external violent and any other visible means” in the insurance policy.
The insurance company came in appeal before the Supreme Court. The issue before the Supreme Court was whether the wife of the deceased was entitled to claim insurance coverage under the MoU by relying on the clause “death only resulting solely and directly from accident caused by external violent and any other visible means” in the insurance policy.
The Supreme Court observed that :
“If in the aforesaid context, the policy is analysed, the cause arising from a sun stroke cannot, in our view, be included within the parameters of the ‘Scope of Cover’ in the insurance policy defining when such insurance amount would become payable.”
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Judgement reviewed by Drishti verma