The High Court of Jammu & Kashmir and Ladakh recently held that the registration of a first information report (FIR) in relation to a death due to accident is not essential for processing the case under the policy of life insurance especially when there is other evidence in abundance to demonstrate that the deceased-insured had died in the accident [Life Insurance Corporation of India & Anr. V/s Hamida Bano & Anr.].
A bench of Justices Sanjeev Kumar and Moksha Khajuria Kazmi, therefore, dismissed an appeal filed by Life Insurance Corporation of India (LIC) against the order of J&K State Consumer Grievance Redressal Commission, Srinagar, whereby the Commission had allowed the complaint of respondents and had awarded a sum of ₹6 lakh along with 9% interest in favour of the respondents and litigation expenses of ₹25,000.
The appeal was filed by LIC against the consumer forum’s order on the ground that the claim submitted by the respondents was without copy of FIR, if any, registered in the matter.
The insured-deceased had obtained a life insurance policy with ₹3 lakh as sum assured. The policy was issued by LIC in favour of the father of the respondents on March 28, 2006 and contained a clause of ‘double accident benefit’ cover, which provided that in case the insured dies in an accident during currency of the policy, the insurer would be liable to pay double the sum assured.
During the validity of the insurance policy, the insured accidently fell from veranda of his house and sustained fatal head injuries and he succumbed to the injuries on the way to the hospital.
The respondents informed the LIC about the accidental death of their father and furnished the medical certificates issued by the medical officer, copy of death certificate issued by the the police station at Kupwara, and also one issued by the patwari of the patwar halqa concerned.
However, the claim put forth by the respondents for payment of double the sum assured i.e. ₹6 lakh under the policy of insurance was repudiated by the LIC on the ground that the claim submitted by the respondents was without a copy of the FIR.
The High Court said that the commission correctly held that in case of such nature where the death of the insured has occurred due to injuries suffered from a fall, the registration of the FIR may not be required.
“We are entirely in agreement with the Commission that in the case of this nature, the registration of FIR is not a sin qua non for processing the case under the policy of life insurance more so when there is other evidence in abundance to demonstrate that the deceased insured had died in an accident,” the Court said.
Since the accident was not attributed to any act or omission of any person as such the respondents in their wisdom did not lodge an FIR in the matter, the Court further noted.
“As a matter of fact, in the accidents of the nature that claimed the life of the father of the respondents, there is hardly any necessity to lodge an FIR. This is so because for such accidents like a person falling from veranda and sustaining fatal injuries, nobody can be held responsible,” the judgment said.
The Court further said that the plea of counsel appearing for LIC that the insured did not correctly disclosed his age and had submitted a false date of birth certificate at the time of insurance cannot be accepted at appellate stage.
Therefore, the appeal filed by LIC was dismissed by the High Court.
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