No accident claim for death by drinking, rules Supreme Court- a person who had died because of excessive drinking was not entitled to any insurance benefit

The apex court dismissed an appeal of a family from Himachal Pradesh challenging the concurrent findings of the State Consumer Forum and National Consumer Forum against New India Assurance Company

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TT  |   New Delhi   |   23.03.21  : The Supreme Court on Monday ruled that the family of a person who had died because of excessive drinking was not entitled to any insurance benefit as the death was not caused by an accident.

A bench of Justices M. Shantanagoudar and Vineet Saran passed the ruling while dismissing the appeal of a family from Himachal Pradesh challenging the concurrent findings of the State Consumer Forum and National Consumer Forum that New India Assurance Company was not liable to pay any benefit to the family of Omprakash, a deceased chowkidar of the Himachal Pradesh State Forest Development Corporation.

“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 post-mortem report clearly indicates that there were no injuries found on the body,” the apex court said.

It said the probable cause of death was asphyxiation caused by alcohol consumption and regurgitation of food into larynx. “Further, the expert opinions … also show that the cause of death was due to consumption of alcohol,” the apex court stated.