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March 26, 2019

Accident insurance does not cover disease Caused by insect bite in the natural course of Events : SC


Justice-DY-Chandrachud-&-Justice-Hemant-Gupta

Where a disease is caused or transmitted by insect bite/virus in the natural course of events, it is not covered by the definition of accident. However, a bodily affliction may be regarded as an accident where its course of transmission or cause is unexpected and unforeseen, ruled the bench comprising Justice DY Chandrachud and Justice Hemant Gupta. The bench in Branch Manager, National Insurance Co. Ltd vs. Mousumi Bhattacharjee had to answer whether a death due to malaria caused by a mosquito bite in Mozambique constituted death due to accident. The National Consumer Commission rejected the insurance company’s contention that malaria due to mosquito bite was a disease and not an accident. An appeal against the National Consumer Commission was being dealt with by the bench. Finally, the court ruled that disease caused by insect bite in the natural course of events was not covered under accident insurance.

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