Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Stipulating accident benefit Insurance policies Meaning of. Death of assured “Accident” |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Insurance: Insurance policies – Stipulating accident benefit – Death of assured – Insurer settled the claim in respect of basic cover, while repudiated the claim under accident benefit on the ground that the death had occurred due to heart attack and not due to an accident – Consumer complaint – Allowed by District Forum – State Consumer Commission affirmed the order of District Forum – National Consumer Commission set aside the award of compensation in terms of accident benefit because the death was not due to a bodily injury resulting from an accident caused by outward, violent and visible means as stipulated in the insurance policies – On appeal, held: In order to sustain a claim under the accident benefit cover, it must be established that the assured has sustained a bodily injury which resulted solely and directly from the accident – The accident must be caused by outward violent and visible means – There must be proximate relationship between the injury and the death to the exclusion of all other causes – In the present case there is no evidence to show that the accident took place as a result of any outward, violent and visible means – The assured died as a result of heart attack which was not attributable to accident. Words and Phrases: “Accident” – Meaning of |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2019 INSC 567 |
Petitioner | Smt. Alka Shukla |
Respondent | Life Insurance Corporation Of India |
SCR | [2019] 6 S.C.R. 762 |
Judgement Date | 2019-04-24 |
Case Number | 3413 |
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