Life Insurance Corporation Of India & Anr Vs Hamida Bano & Anr.
Summary
The Jammu and Kashmir and Ladakh High Court has affirmed a Consumer Commission judgment that filing a First Information Report (FIR) may not always be necessary to process a life insurance claim when the insured’s death was caused by injuries sustained in a fall. The ruling was made on an appeal from the Life Insurance Corporation (LIC) of India against the ruling of the J&K State Consumer Grievance Redressal Commission, Srinagar. The Commission had accepted the complaint and granted the next of kin of a man who died after falling off the veranda of his home, a sum of Rs. 6 lacs plus 9% interest. However, the LIC denied the claim, stating that the lack of a FIR record prevented it from being processed and paid.
About the case
Recently, the Jammu and Kashmir and Ladakh High Court affirmed a Consumer Commission judgment that stated that filing a FIR may not always be necessary in order to process a life insurance claim when the insured’s death was caused by injuries sustained in a fall.
Judges Sanjeev Kumar and Moksha Khajuria Kazmi made these observations in their ruling on an appeal from the Life Insurance Corporation (LIC) of India against the ruling of the J&K State Consumer Grievance Redressal Commission, Srinagar. The Commission had accepted the complaint and granted the next of kin of a man who had died after falling off the veranda of his home, a sum of Rs. 6 lacs plus 9% interest.
The father of the respondents got a life insurance policy with a “Double Accident Benefit” clause. This clause stated that LIC would be responsible for paying twice the sum assured if the life insured passed away as a result of an accident that occurred within the policy’s term. The bench learned from the case pleadings that the insured fell from his home’s veranda unintentionally while the insurance policy was in effect, resulting in fatal head injuries. After being transported to the closest hospital, he passed away from his wounds en route.
