The single judge of Justice Moushumi Bhattacharya of the Chitra Mukherjee v. Union of India (WPA 103 of 2023) Calcutta High Court in the case of has observed that a death caused by a mosquito bite wouldn’t count as an “accident” and hence, the same wouldn’t be covered as an insurable claim under the ‘Accident’ insurance.
Facts of the Case:
The mother of one Chayan Mukherjee, who was serving in the Indian Army and died on December 20, 2021 in the Command 2 Hospital (Eastern Command), Kolkata, was the petitioner who filed the writ suit before the HC. Mukherjee was taken to Command Hospital on November 16, 2021, after experiencing post-surgical problems as a result of a knee injury, and was diagnosed with end-stage renal disease while receiving treatment. Mukherjee, on the other hand, experienced a high-grade fever with chills on December 12, 2021, and was determined to be Dengue NS1 Ag positive. On December 20, 2021, he died as a result of his sickness. The petitioner (Mukherjee’s Mother) filed a claim with respondent no. 4 / United India Insurance Company following the death of her son; however, the Insurance Company denied the claim, claiming that the cause of death was Dengue, an illness not covered by its policy.
Judgment Review:
“The conclusion which follows is that the death cannot be attributed solely to Dengue or seen as the sole and direct contributory factor resulting in the death of the petitioner’s son. This substantially dilutes the argument that the cause of death was accidental since the mosquito bite was an unexpected “accident””, said the Court. the Court noted that the case of the petitioner’s son must be seen in the factual context of the definition of accident that is to say that Death or Disability must result solely and directly from an accident caused by an external, violent and visible means and the causation must necessarily involve:
Accident → death
However, the Court further added that the accident does not include disease and implies the intervention of an external cause which is fortuitous and happens by chance. In view of this, the Court concluded that the death of the petitioner’s son cannot be attributed solely to Dengue or seen as the sole and direct contributory factor resulting in the death of the petitioner’s son as the Medical Certificate showed that the direct cause of death was both Dengue and End-stage renal disease IgA Nephropathy. The Court also noted that the Insurance Policy made it clear that death caused by a disease won’t be covered and only accidental deaths would be covered, however, the Court added, since a bite by a mosquito can not be said to be an accident, the same wouldn’t be covered as an insurable claim under the ‘Accident’ insurance.
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JUDGMENT REVIEWED BY DIVYA SHREE GN
