Death by mosquito bite is an accidental death, says National
Commission
How
can you define accident when it comes to accident claim before the insurance
company? Insurance company neither goes by the general meaning nor consults
dictionary for the same They have their own definition given in terms and
conditions/ rules and decide the fate of the claimant .Insurance policy specify
claim tenable under the following circumstances-
1. Death due to accident.
2. Accidental loss of two limbs, two eyes
or one limb and one eye.
3. Permanent total disablement from
injuries other than that named above.
What
exactly could be called accident is not defined anywhere.
While
consulting various dictionaries we find
·
As per Oxford Advanced Learner’s
Dictionary (New 8th Edition).Something that happens unexpectedly and is not
planned in advance,
·
Black’s Law Dictionary (Ninth
Edition)defines -An unforeseen and injurious occurrence due to mistake,
negligence, neglect or misconduct; an unanticipated and untoward event that
cause harm,
·
Also ,‘accident’ is also defined as
incident, an unforeseen injurious occurrence, something that does not come in
the usual course of event or that cannot be reasonably anticipated
In
a matter between National Insurance Co. Ltd & Mousumi Bhattacharjee &
Ors in Revision Petition No. 1270 Of
2016 from Order Dated 2.2.2016 Of West Bengal State Consumer Disputes Redressal
Commission, Kolkata Decided On 12.5.2016 (IV (2016) CPJ 438 (NC)) National
Insurance company rejected the claim against policy “Bank of Baroda Home Loan
Suraksha Bima”. with a plea that malaria due to mosquito bite is a disease and
not an accident Shri Debasish Bhattacharjee took a housing loan from Bank of
Baroda for purchase of a house. He also obtained an insurance policy namely “Bank
of Baroda Home Loan Suraksha Bima As per the policy, in case of death of the
insured due to accident,the sum insured was payable by the insurance
company. Shri Debasish Bhattacharjee
died on 22.1.2012 with malaria and his wife submitted claim to liquidate the
housing loan taken by her husband which was rejected District Forum allowed the
complaint. State Commission also confirmed the order of District Forum . Now
matter came before the National Commission in Revision as above . The main
question before the Commission to decide was as to whether the death due to malaria on account of
mosquito bite can be said to be a death due to accident or not Mr. Justice V.K
Jain, Presiding Member after hearing the arguments from both the parties and
referring to judgments decided earlier on the issue came to the conclusion that
mosquito bite cannot be said to be a disease from any angle .Firstly, it was
not a disease occurred within the body ,it was an external attack on the body
which developed injurious and finally fatal .It was sudden and unexpected
.Further it was an untoward incident .it happened unanticipated and is not
planned in advance. It was also untoward event unexpectedly happened .
Justice
V K Jain also referred to a Consumer Complaint No.
223 of 2006, Shri Matber Singh v. Oriental Insurance Co. Ltd., IV (2014) CPJ
126 (NC) decided on 5.9.2014 and noted that an accident may include
events like snake bite, frost bite and dog bite. Hence, it was held that
malaria due to mosquito bite is not a
disease and very well could be termed as
an accident
Claim
of the complainant was directed to be paid in the above terms and observations
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