Skip to main content

Insurer can’t deny claim citing lack of post-mortem: Consumer forum

A consumer forum has held that the absence of a post-mortem report cannot be a ground for repudiation of an accidental death insurance claim in cases where the police are sure about the cause of death and there is no confusion.

On Wednesday, the forum directed New India Assurance to pay the widow of a 45-year-old man who died of snake bite in 2008 the insured amount of Rs 5 lakh, along with a compensation of Rs 1.05 lakh. Holding the company guilty of indulging in unfair trade practice, the forum said, "Depending upon the situation and circumstances and reports of the medical officer, the hospital as well as the police, the claim should have been sanctioned on humanitarian grounds. There is no proof to show that there was any mischief or mala fide intention of the complainant in demanding the claim."

The forum rejected the insurance company's defence that it was not in the domain of the police to conclude the cause of death and that the job was of medical doctors, and that despite the advice of doctors, the woman—Dombivli resident Usha Bhoir—had failed to allow the post-mortem.

"The police are also a government and responsible investigative authority. As they were sure about accidental death, they did not go for post-mortem. So, merely saying that a post-mortem was not done and hence claim is repudiated is unfair," the forum said.

The forum observed that Bhoir could not have insisted on a post-mortem and the final authority in the matter was the police. It pointed out that the police had recorded the statements of witnesses, conducted a panchnama and finally on July 10, 2008, had submitted a summary report to the sub-divisional magistrate, stating that the death was accidental.

Bhoir's husband Ashok had taken membership of a luxury club in Prabhadevi in 2007. The club had a tie-up with the insurance company and as per rules insured its members. In her complaint to the Central Mumbai District Consumer Disputes Redressal Forum in 2012, Bhoir said that on June 22, 2008, at 3pm, her husband had gone into the cattle shed on their premises, where he was bitten by a snake hidden in the grass. Ashok was taken to hospital, where at 9.15pm he suffered cardio-respiratory failure due to poisoning and died.

Article referred: http://timesofindia.indiatimes.com/City/Mumbai/Insurer-cant-deny-claim-citing-lack-of-post-mortem-Consumer-forum/articleshow/35739014.cms

Comment: This one appears a little irregular. It is my opinion that Post-Mortem report is necessary if it is possible to do so as it was here. The police cannot make assumptions where death is not of natural causes.

Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

When debt is bona fide disputed and the defence is a substantial one, the court will not wind up the company

In SHITAL FIBERS LTD.  vs  INDIAN ACRYLICS LIMITED, as per the respondent, appellant had made a payment of Rs.61,83,218/­. However, there was an outstanding balance of Rs.8,92,723/­ as on 28.7.2008. Since despite repeated requests, balance amount was not paid, the respondent issued a statutory notice to the appellant. The same was duly responded to. As the payment was not made despite notice being duly served on the appellant, the respondent filed the aforesaid Company Petition seeking winding up of the present appellant for its inability to pay admitted debts. The learned Company Judge vide order dated 28.9.2015 admitted the Company Petition. However, while doing so, the learned Company Judge observed, that since the appellant was an on­going concern, an opportunity should be granted to it to settle the accounts with the respondent by 31.12.2015. Only in case of failure of the settlement, the citation was directed to be published. On appeal, the Division Bench of the High Cou...

Abusing in-laws a ground for divorce: SC

Abusing in-laws and not allowing them to reside in the matrimonial home by a woman amounts to cruelty to her spouse, ground enough for grant of divorce, the Supreme Court has ruled while allowing an NRI's plea for legal separation from his wife. A bench of Justices Vikaramajit Sen and A M Sapre said such incidents could not be termed as "wear and tear" of family life as held by Madras High Court which had said that a couple must be prepared to face such situations in matrimonial relationship. The NRI had filed a divorce petition alleging that his wife was abusive to his family members and did not allow his parents and siblings to stay in his house when they visited the US. Referring to an incident, the husband told the court that his wife had once locked him and his sister out of the house and abused them saying they belonged to a 'prostitute family'. She refused to allow her sister-in-law to enter the house and even lodged a police complaint against her hu...