Skip to main content

Murder is accident too, panel tells risk firm

The south Mumbai district consumer dispute redressal forum on Wednesday, while directing an insurance firm to pay the accident cover claim of a deceased policy holder to his mother, held that both murder and accident are considered as unfortunate incidents and thus murder of a person also comes under the definition of accident. The forum in its order copy has mentioned that as per the dictionary meaning, accident is an unfortunate incident and so was the murder of the deceased. Thus, it is counted as an accident.

How did the policy holder die?
As per the order copy, deceased Dilip Prabhu had opted for an accident cover policy in June 1995, and it was active till June 1997. In 1996, Dilip was murdered while he was returning from work. The CID was investigating the case. Dilip and his wife, who were married in 1993, had sought for divorce in 1996. However, before the court could pass the final orders in the case, Dilip was killed.

Who sought the accident claim amount?
After Dilip's death, his mother Shamala Prabhu, a resident of Thane, had sought the accident claim amount. His estranged wife, on the other hand, had approached the Bombay high court and filed the claim on the property of the deceased on the grounds that the family court had not passed an order on their divorce petition and thus she was still the legal claimant to the property. The high court thus asked the police to file a report on Dilip's death.

What did the risk firm say?
Meanwhile, when Shamala approached the insurance firm, the firm maintained that they would need the police report to decide on the death. If the claimant failed to file the report, then the matter would be treated as closed. The claimant informed the firm that she had submitted all documents except the police report, and requested the firm to not to close the matter.
By 2007, she submitted all required documents to the insurance firm along with the high court's order on the petition filed by the estranged wife of the deceased. But even then the firm failed to issue the accident claim to the claimant. Thus, she approached the consumer forum in 2010.

What did the forum tell the firm?
The forum asked the insurance firm to file its reply. The firm claimed that the mother of the deceased and his estranged wife were in a tussle and had approached the high court claiming as successors of the deceased. Also, there was no proper documents of the accident submitted by the claimant before the insurance firm. Thus the firm claimed that it was not at fault.
The insurance firm also claimed that Dilip did not die in an accident, but he was murdered on September 18, 1996.

Why was the firm held guilty?
The forum after going through the evidence and arguments advanced by the complainant and the insurance firm maintained that the Dilip was killed and did not meet with an accident. However, Dilip did not have any knowledge of his death, nor did he purchase the insurance policy knowing that one day he would be killed. Thus, it was indeed an unfortunate incident. The insurance firm was held guilty of providing faulty services to its consumer.

The forum asked the firm to pay the claimant Rs2 lakh along with six per cent interest on the amount from 2010. It also directed the firm to pay additional amounts of Rs4,000 and Rs3,000 towards the complainant's mental agony and litigation cost, respectively.

Article referred: http://www.dnaindia.com/mumbai/report-murder-is-accident-too-panel-tells-risk-firm-2036744

Comments

Most viewed this month

Deposit Of Minimum 20% Fine/Compensation U/s 148 NI Act Mandatory

In OP(Crl.).No.348 OF 2019, T.K.SAJEEVAN vs FRANCIS T.CHACKO, the appeal was filed against the order of the lower court to deposit 25% of the fine before filling of appeal. The appellant argued that the deposit introduced through the Section 148 of the NI Act after amendment was directory in nature as it used the term 'may' while mentioning the issue of deposit. The Kerala High Court however disagreeing held that in view of the object of the Legislature while incorporating Section 148 into N.I. Act, the word 'may' will have to be read as 'shall'. The imposition of payment contemplated under Section 148 N.I. Act cannot be restricted to some prosecutions and evaded in other prosecutions. Since the amount directed to be deposited being compensation, undoubtedly, it is liable to be ordered to be deposited irrespective of the nature of the prosecution. Therefore, the word 'may' can only be taken to have the colour and meaning of 'shall' and there

NCLT - Mere admission of receipt of money does not qualify as a financial debt

Cause Title : Meghna Devang Juthani Vs Ambe Securities Private Limited, National Company Law Tribunal, Mumbai, CP (IB) No. 974/MB-VI/2020 Date of Judgment/Order : 18.12.2023 Corum : Hon’ble Shri K. R. Saji Kumar, Member (Judicial) Hon’ble Shri Sanjiv Dutt, Member (Technical) Citied:  Carnoustie Management India Pvt. Ltd. Vs. CBS International Projects Private Limited, NCLT Swiss Ribbons Pvt. Ltd. & Anr vs. Union of India & Ors. (2019) Sanjay Kewalramani vs Sunil Parmanand Kewalramani & Ors. (2018) Pawan Kumar vs. Utsav Securities Pvt Ltd 2021 Background Application was filed under section 7 of the Insolvency and Bankruptcy Code, 2016 alleging loan of Rs, 1.70 cr is due. The Applicate identified herself as the widow and heir of the lender but could not produce any documents proving financial contract between her Late husband and the CD but claimed that the CD has accepted that money was received from her husband. The applicant subsequently filed rejoinder claiming the debt t

Jurisdiction of consumer forum is not ousted even if the other party has filed suit on the same matter in Civil Court

In Yashwant Rama Jadhav v. Shaukat Hussain Shaikh, First Appeal No. 1229 of 2017, decided on 18.11.2017,  the grievance of the petitioner before the National Consumer Disputes Redressal Commission was that appellants/complainants had entered into agreements with the respondents for purchase of residential flats, which the respondents were to construct and despite paying the substantial amount to the respondents, the construction of the flats had not been completed. The State Commission dismissed the complaints and ruled in favor of respondents against which the appellants approached the National Commission. The NCDRC held that Section ‘3’ of the Consumer Protection Act, to the extent it is relevant provides that the provisions of the Act shall be in addition and not in derogation of the provisions of any other law for the time being in force. Thus the remedy available under the Consumer Protection Act is an additional remedy, which Parliament has made available to a consumer. Even