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2015 Supreme(Ker) 603

K.VINOD CHANDRAN
Valsala Devi – Appellant
Versus
Divisional Manager, Kottayam – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:George Varghese, A.R. Dileep and Kavitha Gangadharan, Advocates
For Respondents/Defendant: S. Easwaran, Standing Counsel

JUDGMENT :

K. Vinod Chandran, J.

1. The issue arising in the above writ petition, filed impugning the award of the Ombudsman, is whether the petitioner is entitled to the additional benefit of 'death by accident' as covered in Ext. P1 policy. The policy is said to be one which indemnifies the death and death by accident, the latter entitling double benefit to the beneficiary. With respect to death by accident, the nominee is entitled to Rs. 5 lakhs as indemnity for the death caused and an additional Rs. 5 lakhs as indemnity if such death is caused by an accident. The petitioner, the nominee of the policy holder-who died by reason of a fall from a height, was granted the death benefit, but was declined the accident benefit for reason of the death having not been caused by an "outward, violent and visible means". This is the exact words used in Clause 10(b) of Ext. P1 which refers to the entitlement of an "additional sum equal to the sum assured under this policy, if the life assured shall sustain any bodily injury resulting solely and directly from the accident caused by outward, violent and visible means and such injury shall within 120 days of its occurrence solely, directly and ind





















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