The Supreme Court of India has made an observation that any diseases caused or
transmitted by insect bite/virus in the natural course of events would not be
covered under the definition of accident. The above statement was made in the
case of Branch Manager, National Insurance Co. Ltd Vs. Mousumi Bhattacharjee
petitioner made an appeal challenging the order of the National Consumer
Commission before the Apex court in which the above finding has been made out.
The One Mr. Debashish Bhattacharjee (insurer) was working as Manager
of a Tea Estate in Assam. He thereafter took up employment in 2012 as a Manger
of Tea factory at Cha-De-Magoma, Gurue District, Zambezia Province, Republic of
Mozambique. During his stay in Mozambique, the insurer was admitted to the
hospital on 14 November 2012. He was diagnosed with encephalitis malaria and
died on 22 November 2012 due to multi-organ failure. The report says that a
mosquito bite which caused disease so-called malaria and damaged his
multi-organs that lead to death.
After his death his spouse has filed litigation before the District
Consumer Dispute Redressed Forum praying to pass an order for paying her the
insurance amount with outstanding. The appellant has filed their written
argument stating that the death caused due to malicious decease will not be
covered under accidental claim, but the plea was rejected by the forum and
allowed the petition on the ground that the death due to disease is also an
accident hence, the claim can be considered. Then the appeal made by the
appellant before the State Commission and the same was dismissed by upholding
findings of the District forum order.
Then What Is An Accident?
An unpleasant event, especially in a vehicle, that happens
unexpectedly and causes injury or damage, secondly something that happens
unexpectedly and is not planned in advance[i]which say the accident should be
one that causes damages/injury which is essential element highlighted in the
aforementioned definition and in another view of definition, the scope of the
term accident was widenedan unforeseen and injurious occurrence due to mistake,
negligence, neglect or misconduct, an unanticipated and towards event that
You may also think of, what may be an accident? which an act becomes an
accident? which acts are accidents?. Every individual with ordinary prudence
will have a different perspective from each other in definition an act, but in
aggregate definitely there will be a common terms in all perspective in defining
an accident. It may a sudden occurrence, nonpredictable, unexpected and
unanticipated. In other words, the occurrence will take place beyond a human
act, you agree?
Matter Reached The Supreme Court
The National Commission upheld the order of the District Forum and State
Commission and directed the insurance company to pay the insurance amount with
outstanding. Aggrieved by the said order of National Commission the appellant
filed an appeal before the Hon'ble Supreme Court of India.
The highest apex court have critically examined whether the disease (malaria)
caused by mosquito bite comes under the scope of the accident or not? While
looking at it, the World Population Prospects 2017 report published by the
United Nations Department of Economic and Social Affairs, Population Division,
nearly one out of three people in Mozambique Contracted malaria.
the report, the Supreme Court arrived a decision that, as the majority of
persons have effected in malaria due to mosquito bite, hence there is a chance
of predicting the mosquito bite in Mozambique so the death of a person from
malaria cannot be regarded as death caused by accident to make it obligatory for
an insurance company to compensate the insurer.
Chance Of Mosquito Bite
The court made an observation that getting flu or viral illness may be a matter
of chance. But a person who gets the flu cannot be described as having suffered
an accident. As the United Nation report says with a population of 29.6 million
people in the place of Mozambique in an account for 5% of people has caused
malaria by a mosquito bite, hence is predictable that there is a chance of
mosquito bite if we go there. Did you think this decision arrived by the above
finding of the Hon'ble Supreme court was chilly and shocking!
Apex Court Known's When A Mosquito Will Bite
The above findings of the apex court are completely hilarious in nature, in
which the SC says mosquito bite can be predicted as Mozambique is a
disease-prone area. We may have a contrary, for example, if we travel in
airplane there is chance of an accident, hence if any person dead in-flight
crash, it not an accident in comparison to apex court findings?
minority of 5% in the total population of Mozambique who gets infected by
malaria and got dead, will not come under the scope of the accident. Whether
they expect the disease when a mosquito bite, which is best known to the Hon'ble
Supreme Court of India in deciding the matter.
Tone Of Common Man
If a person is sleeping in her/his room have got bite by a snake which is an
accident or disease? Whether he can claim the insurance amount on the scope of
the accidental claim. How the Supreme Court has arrived to a conclusion that a
mosquito bite can be guessed which causes malaria disease which extends to
death. Before going to the legality, the Learned Justices have failed to purview
the decision made by the District, State and National Commission made a positive
view for the respondent to be given with insurance amount.
Whereas the head of
the family is been demised which would create a grave situation for that family
in financial aspects which should also be a consideration in deciding a matter.
By way, this insurance amount would help their family to fulfill their day to
day needs which was curtailed by the Hon'ble Supreme Court of India.
Justice is the act by which the Society/Court/Tribunal gives to a man what he
entitled to, as opposed to protecting against injury or wrong. Justice is the
rendering of what is right equitable towards one who has suffered a wrong.
Therefore, while tempering the justice with mercy, the court has to very
conscious that it has to do justice in exact conformity to some obligatory law
for that human actions are found to be just or unjust as they are in conformity
with or in opposition to the law [iii]. Whether proper justice is rendered let
the readers decide.
- Oxford Advanced Leaner's Dictionary (8th Edition)
- Black's Law Dictionary (9th Edition)
- Girimallappa v. The Special Land Acquisition Officer M and MIP &Anr. AIR
2012 SC 3101; Union of India &Ors v. Ex-GNR Ajeet Singh (2013) 4 SCC186.