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GOPINATH P.
National Insurance Company Ltd. , Represented By The Dy. Manager – Appellant
Versus
State Of Kerala, Rerpesented By The Chief Secretary, Government Secretariat – Respondent
JUDGMENT :
The petitioner is a Public Sector Insurance Company. This writ petition is filed challenging Ext.P8 Award of the Permanent Lok Adalat at Thiruvananthapuram for Public Utility Services, finding that the petitioner is liable to compensate the petitioners before the Lok Adalat (respondent Nos.4 to 7 herein) under a Group Personal Accident Insurance coverage extended by the petitioner Company to the State Government Employees and Teachers.
2. The claim arose on account of the death of one Udayakumar, who died as result of an accident while riding a motor bike. The deceased Udayakumar was at the relevant time serving the Kerala Police as Assistant Sub Inspector. The petitioner-Company had repudiated the claim on the ground that the deceased was, at the time of the accident, riding the vehicle under the influence of alcohol. The party respondents herein approached the Permanent Lok Adalath, Thiruvananthapuram and the Permanent Lok Adalat, by Ext.P8 Award, has found that the petitioner is liable to pay the amounts due under the policy in question.
3. Learned counsel appearing for the petitioner would submit that Ext.P8 Award of the Permanent Lok Adalat is legally unsustainable.
The main legal point established is that the insurance company is not liable to compensate if the deceased was under the influence of alcohol at the time of the accident, as per the terms of the poli....
An insurance claim for death is maintainable where injuries from an accident accelerate a pre-existing condition, and an exclusion clause for alcohol consumption requires proof of being 'under the in....
The influence of alcohol at the time of death can justify the denial of a claim under a personal accident insurance scheme. The proviso to the insurance clause aims to prevent self-injury for insuran....
IMORTANT POINTS (1) Insurance policy - in the matter of Insurance claims, the Courts cannot adopt a beneficial/welfare approach, and have to go strictly by the words used in the concerned Insurance P....
Insurance claims must strictly adhere to policy terms; no liberal interpretations allowed.
A person driving a motor vehicle with the permission of the registered owner, who holds a policy with personal accident coverage for the owner-driver, steps into the shoes of the owner and is entitle....
A breach of essential terms of an insurance policy, such as using a private vehicle for hire, precludes the claimant from receiving benefits under the policy.
Personal Accident Coverage under Motor Vehicle Policy is applicable to the insured, with the court affirming prior judgments supporting the claimants’ position.
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