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ARTICLE · 23 OCTOBER 2018

Murder to be treated as an Accident: National Commission

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The apex consumer body, the National Consumer Disputes Redressal Commission (National Commission), while hearing an appeal filed against the order of the Maharashtra State Consumer Disputes Redressal Commission (State Commission),

IndiaInsurance

The apex consumer body, the National Consumer Disputes Redressal Commission (National Commission), while hearing an appeal filed against the order of the Maharashtra State Consumer Disputes Redressal Commission (State Commission), has recently held in Royal Sundaram Alliance Insurance Co Ltd v Pawan Balram Mulchandani[[1]] that murder of an Insured is to be treated as an accident under a personal accident policy, unless expressly excluded and/or caused as a result of the Insured's own deliberate acts.

The National Commission's ruling was in relation to an accidental death claim raised by the deceased Insured's son in 2009. The Insured was murdered in relation to a property dispute, while returning from his place of work. The respondent filed a death claim with the Insurer under the personal accident policy, but it was repudiated on the ground that the death was not due to an "accident", but was a case of a "murder simplicitor". The respondent filed a complaint

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