Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | “accidental means” and “accidental result Distinction between Insurance Insurance contracts |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Contract Act, 1872 (9 of 1872) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Insurance – MOU entered into between Appellant-Insurance company and Respondent No.1 to provide insurance cover to the persons deployed for election related work for Bihar Legislative Assembly Elections in 2000 – Respondent No.2’s husband, a Constable died due to sun stroke while performing election duty – Respondent No.2 sought compensation in 2008 – Respondent No.1 acknowledged the eligibility for payment, Single Judge assigned the liability to pay the amount on the Respondent No.1 and the DM – Appeal filed by Respondent No.1, Division Bench fastened the liability on the appellant – Held: Respondent No.2’s claim was beyond reasonable time period – It was negligence of Respondent No.1 in lodging the claim – If it was not admissible then there was no reason to forward the claim to the Appellant – Further, considering the Specific clause in the MoU governing the insurance policy providing for payment of compensation in the event of death, even in the event of a death, it is only in the scenario where it is solely and directly from an accident caused by external violence – However, the death of Respondent No.2’s husband was by sun stroke – There was no semblance of any violence being the cause of death – A proximate causal relationship between the accident and the body injury is a necessity – The cause arising from a sun stroke cannot be included within the parameters of the ‘Scope of Cover’ in the insurance policy defining when such insurance amount would become payable – Thus, Appellant is not liable – Impugned judgment of the Division Bench set aside – However, the amount already stands paid by Respondent No.1 to Respondent No.2 in pursuance of the judgment of the Single Judge – It would not be appropriate to permit Respondent No.1 to recover any amount from Respondent No.2 and that aspect now stands closed.Insurance – Insurance contracts – Held: Words used in a contract of insurance must be given paramount importance and it is not open for the Court to add, delete or substitute any words. Insurance – Law governing insurance contracts – Discussed. Insurance – Insurance claims – Distinction between “accidental means” and “accidental result” – Discussed. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2023 INSC 104 |
Petitioner | National Insurance Company Ltd. |
Respondent | The Chief Electoral Officer & Ors. |
SCR | [2023] 2 S.C.R. 312 |
Judgement Date | 2023-02-08 |
Case Number | 4769 |
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