New India Assurance Co Ltd vs Bhagwatibai

HEARD. BY the order impugned the Forum below has awarded the sum assured Rs. 5 lacs to respondent No. 1/complainant, for the death of her late husband Kunjilal Sahu, who was an employee of respondent No. 2/western Coal Fields Ltd. and was covered against any accidental death during his employment, under a policy issued by the appellant/the New India Assurance Co. Ltd.

AS per complainant''s own showing the deceased died of heart attack. Such a natural death was not covered by the policy. The Forum below even while holding that the death was the result of heart attack, concluded that such a sudden heart attack is also an accident. We are afraid, the approach of the Forum below was wholly incorrect. Any such attack, though sudden in nature, cannot be termed as an accident. As held by the Supreme Court in the case of Jyothi Ademma v/s. Plant Engineer, Nellore and Anr. , V (2006) SLT 457=iii (2006) ACC 356 (SC)=iii (2006) CLT 178 (SC)=2006 ACJ 2165 (SC) and reiterated in a later decision in the case of Shakuntala Chandrakant Shreshti v. Prabhakar Maruti Garvali and Anr. , VIII (2006) SLT 654=iv (2006) ACC 769 (SC)=2007 ACJ 1 (SC): "the expression ''accident'' means an untoward mishap which is not expected or designed. ''injury'' means physiological injury. In Fenton v/s. J. Thorley and Co. Ltd. , (1903) AC 443, it was observed that the expression ''accident'' is used in the popular and ordinary sense of the word as denoting an unlooked for mishap or an untoward event which is not expected or designed. "

In the instant case there was no such untoward mishap. The death occurred due to some heart ailment which could certainly not be termed as accident. Claim of respondent was rightly repudiated and the Forum below, in our opinion, erred in allowing respondent''s claim for the sum assured. We thus, allow the appeal, set aside the impugned order and dismiss the complaint of respondent. No order as to costs. Appeal allowed.