AI Overview...
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Snake Bite Coverage - Several courts have interpreted insurance schemes under the Consumer Protection Act, 1986, to include death caused by snake bites. For instance, the court in CHINNASAMY VS PEERLESS FINANCE AND INVESTMENTS LTD. - Consumer concluded that death due to snake bite is covered under the insurance scheme, emphasizing that such incidents fall within the scope of social welfare schemes and insurance coverage.
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Consumer Claims & Rejections - Multiple cases (Ajmeri Khatun VS General Manager, National Insurance Company Ltd. - Consumer, Gangotri Devi VS National Insurance Co. Ltd. - Consumer, PNB Metlife India Insurance Company Ltd. VS Deepika Rani - Consumer) highlight that insurance companies have repudiated claims on grounds such as non-conformity with policy conditions or misrepresentation, but consumers have successfully challenged these rejections in consumer forums. Courts have consistently held that death due to snake bites is a valid claim if proper documentation (post-mortem reports, policy details) is provided.
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Court Judgments Favoring Consumers - Courts have directed insurance companies to pay claims in snake bite cases, especially when the cause of death is established through medical evidence. For example, in New India Assurance Co. Ltd. VS Basudeo Rai - Consumer, the district forum held insurance companies liable for death due to snake bite, following Supreme Court directives, and ordered deposit of claim amounts.
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Evidence & Documentation - Successful claims often hinge on medical evidence such as post-mortem reports and proper documentation proving snake bite as cause of death (NEW INDIA ASSURANCE CO. LTD. VS R. THIRUMURUGAN - Consumer, PNB Metlife India Insurance Company Ltd. VS Deepika Rani - Consumer). Courts have also noted that insurance companies cannot deny claims solely based on alleged non-disclosure if credible evidence supports snake bite as cause of death.
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Insurance Policy Interpretations - The courts have clarified that policies like Janata Personal Accident Insurance cover accidental death, including snake bites, unless explicitly excluded. In cases like Gangotri Devi VS National Insurance Co. Ltd. - Consumer, the courts have reinforced that death due to snake bite falls within the ambit of accidental death coverage.
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Summary & Conclusion - Overall, the legal trend favors consumers in snake bite death claims under insurance policies. Courts have interpreted insurance schemes broadly to include snake bites, and insurance companies are generally held liable when credible medical evidence establishes snake bite as the cause of death. Deductions or repudiations based solely on policy conditions or misrepresentations are often overturned in favor of claimants, reinforcing the protective intent of the Consumer Protection Act, 1986.
References:
CHINNASAMY VS PEERLESS FINANCE AND INVESTMENTS LTD. - Consumer, Ajmeri Khatun VS General Manager, National Insurance Company Ltd. - Consumer, NEW INDIA ASSURANCE CO. LTD. VS R. THIRUMURUGAN - Consumer, Gangotri Devi VS National Insurance Co. Ltd. - Consumer, New India Assurance Co. Ltd. VS Basudeo Rai - Consumer, AMARJIT KAUR WIDOW VS HDFC ERGO GENERAL INSURANCE CO. LTD. - Consumer, Chitra Mukherjee VS Union of India - Calcutta, National Insurance Company through Sh. Ashish Arora VS Rekha Rani Wd/o. Lt. Sh. Balbir Singh - Jammu and Kashmir, PNB Metlife India Insurance Company Ltd. VS Deepika Rani - Consumer, NEW INDIA ASSURANCE COMPANY LTD. VS ANUSUYAMMA - Consumer
Search Results for "Snake Bite in Favour of Consumer Insurance Company"
• India - Consumer
M.S.JANARTHANAM, KAYAL DINAKARAN
Insurance - Death due to Snake Bite - Consumer Protection Act, 1986 - [INSURANCE] - [Death due to Snake Bite] - [Consumer Protection ... Ratio Decidendi: The court interpreted the scheme and insurance coverage, concluding that death due to snake bite is covered ... Act, 1986] - The court discussed the 10 Year Social Welfare Endowment Scheme and the insurance coverage provided by....
• India - Consumer
V.B.GUPTA, SURESH CHANDRA
Consumer Protection Act, 1986—Sections 15, 17, 19 and 21—Insurance—Janata Personal Accident Policy—Death due to snake bite—Repudiation ... of death claim on ground that claim was not in conformity with conditions of policy—In snake bite cases postmortem examination is ... So the petitioner filed a consumer case before the District Forum which allowed the same in her favour by its order dated 7.5.2008 in complaint case No.159 of 2007. ... by #HL_STAR....
• India - Consumer
K.SAMPATH, PON.GUNASEKARAN
B1 and B2 - Oriental Insurance Company Ltd. v. M/s. New Jaipur Dyeing and Tents Works, 1991 CPR 425 (NC), LIC of India v. Smt. ... the documents in proving the cause of death for the insurance claim. ... Insurance Claim - Personal Accident Policy - Section 174 of Cr. P.C. - Exs. A1 to A15, Exs. ... In another instance when a worker of Bharani, Spinning Mill died, the Insurance Company had given the amount without an FIR and post-mortem report. Even in the appeal ground, it was admitted....
• India - Consumer
R.C.JAIN, ANUPAM DASGUPTA
Consumer Protection Act, 1986—Sections 12 and 17—Life Insurance Policy claim—Insured covered under Janata Personal Accident Insurance ... of liver since long and was under his treatment—Investigator in his second report reversed his findings—Insurance Company did not ... Policy taken on 6.12.1996 died on 25.1.1997 due to snake bite—Claim was repudiated on ground that assured did not die of snake bite ... On demand, the complainant N....
• India - Consumer
PREM NARAIN
Consumer Protection Act, 1986—Section 21(b)—Insurance—’Janta Personal Accident Insurance Policy’-father of the complainant died due ... Accordingly, as ordered by the Hon’ble Supreme Court in the above referred similar matter, the insurance company is directed to deposit ... to “snake bite”—District Forum allowed complaint against both the Opposite Parties and held them jointly and severally liable. ... Therefore, nothing remains pending in this revision petition as t....
• India - Consumer
PARAMJEET SINGH DHALIWAL, HARCHARAN SINGH GURAM
Consumer Protection Act - Loan Insurance - Accidental Death Benefits - Credit Shield Insurance - Sarv Suraksha Policy - [SECTION ... 12 of the Consumer Protection Act, 1986] - [Section 3 and Section 5 of the insurance policy] - The court discussed the definition ... company. ... ICICI Lombard General Insurance Company & another" 2009(1) CLT 74, which was a case of death due to snake bite, that the claim cannot be r....
2023 0 Supreme(Cal) 296 • India - Calcutta
MOUSHUMI BHATTACHARYA
United India Insurance Company pursuant to death – Insurance Company refused claim by way of a letter Insurance Company is unable ... to admit its liability on account of cause of death of petitioner – Insurance Company was of view cause of death was non-accidental ... unexpected entirely country city-specific impugned refusal on part of Insurance Company to admit liability particular policy hence ... The heirs of ....
2023 0 Supreme(J&K) 178 • India - Jammu and Kashmir
SANJEEV KUMAR, PUNEET GUPTA
Delay Condonation - Insurance Appeal - [Jammu & Kashmir State Consumer Disputes Redressal Commission, Jammu] - [Consumer Protection ... Act, 1986 - Section 21] - The court allowed the condonation of delay in filing the appeal by the National Insurance Company Limited ... , Jammu, which directed the appellant, National Insurance Company Limited, to pay an amount to the respondent under a Group Personal ... This is an application by the National Insurance#HL_E....
• India - Consumer
REKHA GUPTA, ANUP K.THAKUR
Consumer Protection Act, 1986—Sections 15, 17, 19 and 21—Insurance—Met Smart Platinum Unit Linked Life Insurance Plan—Repudiation ... Admittedly, while applying for the insurance policy, Bimal Kumar deceased insured had given not only a school certificate but also ... date of birth—Petitioner have failed to establish that deceased had in any way misrepresented date of birth or age while obtaining insurance ... He was suffering from Snake bite. Certificate of Suri Poly....
• India - Consumer
ASHOK BHAN, S.K.NAIK
The Insurance Company contested the claim, leading to a complaint before the District Consumer Disputes Redressal Forum. ... /Insurance Company. ... The deceased availed the policy but died, and the nominee approached the Insurance Company for claim settlement. ... Aggrieved thereupon, the petitioner/Insurance Company filed an appeal before the Karnataka State Consumer Disputes Redressal Commission ('state Commissi....
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