EXECUTIVE ENGINEER, IPH DIVISION Vs. SHISHMA DEVI

JUDGEMENT

(1.) LATE Sh. Nittu Ram, who was working as a daily wage Beldar with I&PH Division Rohru, Tehsil Rohru in District Shimla of Himachal Pradesh was insured with the New India Insurance Company Ltd., under a scheme called Janta Personal Accident Insurance Policy, which covered his life for a sum of Rs. 2 lakhs, in case he was to die in an accident. Late Sh. Nittu Ram, when he was returning from duty on 04.04.2003, had an accidental fall as a result of which he sustained fatal injuries and died on the spot. The dead body of Sh. Nittu Ram, however, was recovered after four days and was subjected to post mortem. Viscera was also preserved and later sent to the State Forensic Science Laboratory of Himachal Pradesh. Dr. B. R. Rawat, Chemical Analyst of State Forensic Science Laboratory of Himachal Pradesh, stated before the District Forum that since alcohol was present in the sample sent to the laboratory, the deceased was highly drunk. However, he also admitted in the aforesaid cross -examination that no preservative was used in blood and urine samples and if preservative was not used, puterification would take place in the sample and it can result in the formation of the alcohol. In view of the report of the analyst, the claim was rejected by the Insurance Company on the ground that the insurance policy did not cover the insured, in case he was under influence of intoxication of liquor. Being aggrieved, the complainants who are the widow and children of the deceased approached the concerned District Forum, by way of a complaint impleading not only the Insurance Company, but also the employer of the deceased as the opposite party.

(2.) THE complaint was resisted by the Insurance Company primarily on the same ground on which the claim was rejected i.e. the deceased was under influence of intoxicating liquor at the time he had a fall.

(3.) THE District Forum, vide its order dated 28.04.2009, dismissed the complaint.