JUDGMENT :

Moushumi Bhattacharya, J.

1. The petitioner is the mother of one Chayan Mukherjee who was serving in the Indian Army and died on 20.12.2021 in the Command Hospital (Eastern Command), Kolkata. The petitioner’s son was admitted to the hospital on 16.11.2021 after developing certain post-surgical complications arising from a knee injury and was diagnosed with end stage renal disease while undergoing treatment at Command Hospital. The petitioner’s son developed high grade fever with chills on 12.12.2021 and was found to be Dengue NS1 Ag positive. The petitioner’s son succumbed to his illness on 20.12.2021.

2. The petitioner lodged a claim with the respondent no. 4 / United India Insurance Company pursuant to the death of her son. The Insurance Company refused the claim by way of a letter dated 22.9.2022 stating that the Insurance Company is unable to admit its liability on account of the cause of death of the petitioner’s son. The Insurance Company was of the view that the cause of death was “non-accidental” and was hence not covered under the policy.

3. The petitioner has