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ARTICLE · 22 AUGUST 2019

Insurance Regime: Criteria For Accidental Death Benefit

King, Stubb & Kasiva
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In Alka Shukla V Life Insurance Corporation of India, the Hon'ble Supreme Court comprising of Justice D.Y. Chandrachud and Justice Hemant Gupta found that there was no evidence to show that any injury suffered ...

IndiaInsurance

In Alka Shukla V Life Insurance Corporation of India1, the Hon'ble Supreme Court comprising of Justice D.Y. Chandrachud and Justice Hemant Gupta found that there was no evidence to show that any injury suffered because of a fall from the motorcycle led to the insured having a heart attack. The insured died because of a heart attack which was not related to the accident. Hence, the insurer was correct to repudiate the claim of the insured under the accidental benefit component of the insurance policy.

BACKGROUND

The insured obtained three insurance policies from the Life Insurance Corporation of India. The policies were payable only if the insured sustained any bodily injury resulting solely and directly from the accident caused by "outward, violent and visible means" leading to his death. The insured experienced pain in the shoulder & chest, while riding a bike, and suddenly had a heart attack. By the time, the insured had was admitted to the hospital, he was

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