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Supreme Court of India 2023-02-08 allowed

NATIONAL INSURANCE COMPANY LTD vs THE CHIEF ELECTORAL OFFICER & ORS

Bench: 2 — Sanjay Kishan Kaul, Abhay S. Oka

In Brief

A police constable died of heat stroke while on election duty in 2000 under an insurance policy providing cover for death from accidents involving "external violent" means. The beneficiary claimed the insured amount eleven years later. The courts below ruled the insurer liable. The Supreme Court reversed the judgment, holding that strict construction of insurance terms is mandatory. Death from heat stroke—a natural physiological event—does not constitute an "accident" caused by external violence within the policy's scope. Further, the employer's negligent failure to lodge the claim within the stipulated period cannot be fastened as liability on the insurer. The appeal was allowed.

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Insurance Law Insurance Contract Interpretation Accidental Death Insurance Civil Procedure Contract Law

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