PADMA RAMANATHAN Vs. NATIONAL INSURANCE CO.LTD.

JUDGEMENT

(1.) THE only question involved in this complaint is -

(2.) IN our view, in the present case, the death caused to the insured is an accidental death as it was not natural and that the insured did not intend to die by drowning. Violent means includes any external, impersonal cause, such as drowning or inhalation of gas or even undue exertion on the part of the assured. In such cases, the death is not due to internal cause and that any cause which is not internal must be external. But this does not mean that the injury must be external. This is the law settled in England for the identical terms of insurance policy.

(3.) LATE Mr. N. Ramanathan was a partner of S.R. Batliboi and Co., a firm of Chartered Accountants. The firm had obtained a partners personal accident insurance policy from National Insurance Company Limited (hereinafter referred to as the Insurance Co.) for the period between 19.6.96 and 18.6.97 for a total sum of Rs. 25 lakhs. On 14th July, 1996, the insured went for swimming along with his children and wife at Madras Gymkhana Club around 6.15 p.m. At about 7.25 p.m. the insured took his children out of the pool and instructed his wife to attend their shower and change of clothes. After 5 to 7 minutes when the wife of the insured came to the pool area she found commotion at the pool as someone was found at the bottom of the pool. When the body of the deceased was pulled out by a couple of co -swimmers she came to know the drowned person was her husband. The insured at that time was unconscious. Extensive efforts were made by persons present at the pool site to revive the insured. As they could not succeed in their efforts, the insured was rushed to the Apollo Hospital where he was declared dead at 2.15 A.M.