SHAHNAZ Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THE short question that arises for consideration in this case is whether the injury suffered by an insured due to dog bite and his subsequent death could be considered as due to an accident within the meaning of the clause bodily injury resulting solely and directly from accident caused by outward violent and visible for payment of money due under the policy.

(2.) FOR the sake of convenience, the parties in this order are referred to according to their position in the complaint filed before the District Forum.

(3.) THE facts in this case are as follows: The complainants husband had obtained a Janata Personal Accident Insurance policy from the opposite party (for short, 'O.P.') for the period from 31.7.2001 to 30.7.2002. The assured sum under the policy is Rs. 50,000. The insured suffered serious injury to his left leg due to a dog bite while driving an autorickshaw. He was admitted to a hospital and ultimately he died due to Acute Cordio Respiratory Arrest Secondary to Rabies with PVS in left leg. After the death of the insured, the complainant being the nominee made a claim before the O.P. for payment of money due under the policy. The claim was repudiated by the O.P. on the ground that the death of the insured was not due to any accident. Aggrieved by this repudiation, the complainant filed a complaint before the District Forum. The District Forum dismissed the complaint accepting the defence put forth by the O.P. This order of the District Forum is under challenge by the complainant in this appeal.