‘Heart attack during mishap amounts to accidental death’

In September 2006, the LIC was directed by the forum to pay an additional sum of Rs 63,000, apart from the regular insurance benefits, to Veena Dhingra, wife of Jagdish Lal.

Lal who had died due to a coronary artery problem after meeting with an accident in January 2004.

The LIC then approached the commission and contended that Lal’s wife was not entitled to the additional benefit as the accident had taken place due to Lal’s own negligence.

The commission, however, noted that for the purpose of awarding compensation, an accident should strictly mean “an unfortunate event, especially one causing physical harm or damage”.

“If any person meets with an accident, including vehicular accident, and if death occurs due to myocardial infraction consequent to a coronary artery disease, precipitated during vehicular accident, it amounts to accidental death. The insured is thus entitled to accident claim benefits,” held Justice Kapoor in a recent decision.

Rejecting the LIC’s appeal against a consumer forum’s order, the commission said that in such cases, because the death is precipitated as a result of the accident, the insurance company cannot be allowed to claim that the death was not due to the mishap and thus deprive the victim’s kin to additional benefits.