KRISHNA WATI Vs. LIC OF INDIA

JUDGEMENT

(1.) THE question for consideration is whether the accidental injuries which resulted in death of the insured during the treatment within three days of the accident, finally due to heart -attack, can it be termed as an 'accidental death' or a 'natural death'. Admittedly, the insured was struck down by a cow while he was on the way to his office, as a result, he had fallen down, suffered chest pain, and died within three days. In our view, it was not a natural death but was a death due to accident.

(2.) WHILE the deceased was going to his hospital on his bicycle, he was struck down by a stray -cow, due to which he fell down and suffered severe chest pain. He was then taken to a hospital, whereat first aid was given to him and later on he was referred to the heart specialist who gave medical aid. As his condition became serious, on the next day, he was referred to another heart specialist, Dr. S.C. Garg, of Kurukshetra Nursing Home. As he could not get proper medical aid, he expired in same Nursing Home on 30.6.1996. Despite repeated correspondence, the Insurance Company released only the single benefit, treating it as the case of natural death and double accident benefit claim was refused. Hence, the complainant had to approach the District Forum, Kurukshetra by filing Complaint No. 309/96.

(3.) THE District Forum held that it was not proved on record that the death of Bhagat Ram was due to the injury caused to him in the accident on 27.6.1994. Accordingly, the District Forum did not find any merit in the complaint filed by her. Therefore, dismissed the same without any order as to costs.