A plain reading of the cover Clause in the M.O.U. would make it clear that it is intended to impose a twofold limitation. A death in order to qualify for the insurance cover must not only be accidental but the accident causing death must itself result from some external, violent and other visible means. This two fold limitation is based on what is called, in the Law of Insurance, the distinction between 'accidental result' and 'accidental means'. An unexpected and unforeseen consequence or result from a normal or routine activity may constitute an accident but it would not qualify as 'accidental means'. Thus, if a person suffers a fatal heart attack while dancing (considered to be a normal activity) the death may be called 'accidental' but it would fail to attract the insurance cover because it was not due to 'accidental means'. On the other hand, if a person dies due to heart attack suffered as a result of over-exertion on being chased by a ferocious dog (an unintended occurrence, and not a normal activity) the death might attract the insurance cover as it was caused by 'accidental means'.
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 3413 of 2019
Decided On: 24.04.2019
Alka Shukla Vs. Life Insurance Corporation of India
Hon'ble Judges/Coram:
Dr. D.Y. Chandrachud and Hemant Gupta, JJ.
