NEW INDIA ASSURANCE CO LTD Vs. BHAGWATIBAI

JUDGEMENT

(1.) 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.

(2.) 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):

(3.) WE thus, allow the appeal, set aside the impugned order and dismiss the complaint of respondent. No order as to costs. Appeal allowed.