NEW INDIA ASSURANCE CO LTD Vs. JAMUNA DEVI

JUDGEMENT

(1.) It is the Insurance Company which has filed this revision against the order of the State Commission which had allowed the appeal filed by the respondent Nos. 1 to 3 complainants against the Insurance Company. Respondent Nos. 4 and 5 herein are Financial Commissioner-cum-Secretary (PW) Government of Himachal Pradesh, Shimla and Executive Engineer, I & PH Division Arki, Distt. Solan respectively. They were also respondents in the appeal before the State Commission filed by the complainants.

(2.) Narpat Ram was subscriber to Janta Personal Accident Insurance Policy under tripartite agreement between the employees, employers, being the respondent Nos. 4 and 5 above, and the petitioner-Insurance Company. The Scheme under which the insurance policy was floated came into existence on 25.1.1996. Policy was executed between the employer and the Insurance Company.

(3.) Narpat Ram was working as Keyman, a class-IV employee in the I & PH-Division at Arki, District Solan in the State of Himachal Pradesh. During the course of his working on a particular day, i.e. on 17.12.1996 he collapsed and died. It was the case of the complainants who were the widow and children of Narpat Ram that Narpat Ram died on account of accident as at the time of collapse he was operating the nut in the pipe supplying water. Contention of the insurer was that it was a case of natural death and as such it was not covered under the policy in question. District Forum on a complaint filed by the complainants came to the conclusion that death of Narpat Ram was not on account of any accident, mishap or other catastrophic events during the course of his employment so as to bring their case within the ambit and purview of the policy. Complaint was accordingly dismissed.