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Supreme Court of India 2021-03-22 dismissed

Narbada Devi and Ors vs H.P. State Forest Corporation & Anr

Bench: 2 — Mohan M. Shantanagoudar

In Brief

An employee of Himachal Pradesh State Forest Corporation died after being found intoxicated in heavy rain and storm. The legal heirs claimed Rs. 2 lakhs under the employer's Janta Personal Accident Insurance Policy. The Insurance Company repudiated the claim, arguing the death was natural (asphyxiation from alcohol ingestion and food regurgitation), not accidental. The Supreme Court upheld the repudiation, holding that the post-mortem confirmed no bodily injuries and the cause was natural, not accidental. The Insurance Policy explicitly covers only accidental deaths, and Proviso 4 excludes claims for deaths whilst under the influence of intoxicating liquor. The employer acted only as a premium mediator and had no Insurance Policy liability; compensation, if any, would arise only under the Workmen's Compensation Act, 1923.

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