Cannot deny insurance to kin of person who drove after drinking and died: HC
Insurers cannot deny compensation to the family of a fatal road accident victim merely because an autopsy has detected alcohol in the abdomen, as the deceased is not available to defend himself against allegations of drunk driving, Calcutta high court has observed.
Justice Biswaroop Chowdhury upheld an East Midnapore court’s decision awarding Rs 11.4 lakh to the biker’s family, directing the insurance company to pay the compensation along with 6% per annum interest from 2021, when the claim was filed.
The court acknowledged that drunk driving violates Motor Vehicles Act. “But when the person who met with an accident is dead and is alleged to have been drunk, the heirs of the victim cannot be deprived of compensation, as the person, if alive, was fit to defend his case as to whether he was in drunken condition… but when he is dead there is no such opportunity,” Justice Chowdhury said.
Kerala High Court strikes down bank retirees’ petition for GST exemption on health insurance
In a disappointment for bank retirees, the Kerala High Court dismissed their petition to grant GST exemption on health insurance premium under the IBA group policy.
GST exemption is intended for individual health insurance policies and the retirees’ policies is equivalent to a group policy issued based “on the understanding reached between the Indian Banks’ Association (IBA) and the insurance company followed by collective bargaining”, the Judge said in the order.
“Thus, the Indian Banks’ Association, for all practical purposes, was acting as an intermediary and after collective bargaining, better rates of premium were fixed with additional benefits, which were not otherwise available for individual policyholders. Apart from the above, this particular policy is issued for the welfare of the retirees from various banks, who by them-selves formed into a class, on account of their prior employment with the banks,” the judgment said.
Representatives of the All India Bank Pensioners & Retirees’ Confederation said it was dis-appointing, but they are assessing the order and believe that there are merits in going for an appeal.
The understanding and collective bargaining was between IBA and the insurer, and as far as the retirees go, it is in the nature of individual policies, they said.
The Kerala High Court in October passed an interim stay order to exempt GST on group policies of retired bankers – a move that offered hope to the senior citizens as GST Council exempted only individual health insurance policies and not group policies.
The writ petition was filed by the All India Bank Pensioners & Retirees’ Confederation and other individuals in relation to the IBA’s group health insurance policy, jointly managed by the IBA and the National Insurance Company. Around 1.5 lakh retired bankers had opted for this group policy as of last year.
The order passed then directed a group of banks, including Bank of Baroda, Bank of India, Canara Bank, Central Bank of India, Indian Bank, Indian Overseas Bank, and others, to renew the retirees’ health insurance without GST.
Experts then told, that though the GST Council’s decision is clear on group policies, from a social equity point of view, extending the waiver to group health renewals for such senior citizens would align with the spirit of the Council’s decision.
