Mumbai|HL
The National Consumer Disputes Redressal Commission ordered that malaria death caused by mosquito bite is an accident, and directed the insurer to honour its policy to a widow.
The claim filed by Mousumi Bhattacharjee, who lost her husband in November 2012 to malaria in Mozambique where he worked in a tea factory.
An accident is something that happens unexpectedly and is not planned,” said the commission. “It can hardly be disputed that a mosquito bite is something which no one expects and which happens all of a sudden without any act of omission on part of the victim,” said Justice V K Jain, presiding member of NCDRC.
Mousumi’s husband, Debasish, a Kolkata resident, had availed of a policy of the National Insurance Company called “Bank of Baroda Home Loan Suraksha Bima” to cover death by accidents. He paid a one-time premium for the sum insured, Rs 13.15 lakh, to be paid in case of “death due to accident”. But when his widow filed a claim, the insurance company rejected it saying a mosquito bite was not an accident under the policy , and that malaria was a disease. But all three consumer fora, right from the district and state consumer forums to the apex National Consumer Commission, held the company’s stand incorrect.
The national commission observed that the insurer had included snake bites, dog bites and frost bites under the `accident’ category . The commission also cited Black’s Law dictionary that describes an accident as “an unanticipated and untoward event that causes harm”. Consumer activist Jehangir Gai said the judgment would benefit several policy holders, especially those who are victims of dengue and malaria as the same interpretation will apply to dengue also.”
While welcoming the decision, another veteran consumer activist Shirish Deshpande, however sounded a note of caution. “The commission has equated dog and snake bites with mosquito bites. But malaria is endemic in nature. The judgment may need to be tested finally by the SC as it may open floodgates for such claims.”
