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1999 Supreme(Guj) 111

C.K.BUCH, R.K.ABICHANDANI
AMBALAL LALLUBHAI PANCHAL – Appellant
Versus
LIFE INSURANCE CORPORATION OF INDIA – Respondent


Advocates Appeared: MEHUL SHARAD SHAH, R.K.MISHRA

R. K. ABICHANDANI, J.

( 1 ) THIS appeal raises an important question as to whether death caused by a dog bite can be said to be death caused by an accident so as to make the Life Insurance Corporation liable to pay an additional sum equal to the sum assured under the accident benefit clause of the policy.

( 2 ) THE appeal is directed against the judgment and order dated 12-1-1998 of the learned Civil Judge (Senior Division), Patan in Special Civil Suit No. 179 of 1994 to the extent that it disallows the additional payment under the accident benefit clause to the appellant-original plaintiff, who filed the suit to recover the dues under the two policies which were taken out to insure the life of his son Vikram for Rs. 50,000. 00 each on 1-2-1989 and 28-3-1989. These policies contained an accident benefit clause, which entailed payment of an additional sum equal to the sum assured under the policy, if the death was caused as a result of an accident as contemplated by that clause. On this basis, appellant had claimed Rs. 1 lac under each of the two policies, which are at Exhibits 37 and 38. According to the appellant-plaintiff, his son Vikram was bitten by a rabid dog on 18-4-1989, for












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