'Death Not Accidental': SC Refuses Insurance Claim to Kin of Man Who Died of Excessive Alcohol Consumption

The Supreme Court Monday refused to grant insurance claim to the legal heir of a man who died of asphyxia due to excessive drinking of alcohol, saying the insurer was only liable to compensate a person who sustains injury solely and directly from the accident. A bench of Justices M M Shantangoudar and Vineet Saran upheld the orders of National Consumer Disputes Redressal Commission which had said that the death was not accidental and therefore, the firm had no statutory liability to compensate the loss of life of the deceased as per the terms of the Insurance Policy. From a bare perusal of the Insurance Policy, it is clear that only if the insured sustains any bodily injury resulting solely and directly from accident caused by outward, violent and visible means, the insurance company would be liable to indemnify the insured, the bench said, adding that as per the insurance policy, only accidental death of the insured shall be indemnified. As such, we find it difficult to conclude that the deceased's death was accidental, the bench said, adding that in light of the explicit terms of the insurance policy, we find that the National Commission and the State Commission have rightly held that the deceased's death was not accidental, and that the insurance company would not be liable to settle the appellants' claim. Aggrieved with the repudiation of the claim, she approached the District Consumer Disputes Redressal Forum, Shimla alleging deficiency in service on part of the insurance company and claiming insurance amount of Rs.