VidhiSangh

Supreme Court of India · 26/03/2019

THE BRANCH MANAGER NATIONAL INSURANCE CO. LTD. versus SMT. MOUSUMI BHATTACHARJEE & ORS.

[2019] 5 S.C.R. 46 · 2019 INSC 403

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Summary

The Supreme Court held that death from encephalitis malaria contracted through a mosquito bite in malaria-prone Mozambique was not accidental death under the personal-accident policy in issue. An element of chance in contracting illness did not itself transform disease transmitted in the ordinary course into an insured accident. The contrary consumer-forum interpretation was set aside. However, because the insurer had already paid the claim, the Court directed under Article 142 that no recovery be made.

Issues

  1. Whether the insured’s death from malaria constituted death due to accident under the policy.
  2. Whether the already-paid claim should be recovered.

Held

Result

Appeal allowed and contrary insurance-coverage ruling set aside, but no recovery of the already-paid claim permitted under Article 142. No costs.

Judgment PDF: Supreme Court of India, [2019] 5 S.C.R. 46.