Unravelling Insurance Liability: A Sun Stroke And Election Duty Dilemma

Summary:

The Supreme Court, in National Insurance Co. Ltd. v. Chief Electoral Officer¹ addressed a civil appeal challenging the Patna High Court's decision on the insurance company's liability for a constable's death during election duty. The court clarified the importance of timely claims and interpreted the insurance policy in its entirety, ruling that the insurance company was not liable to pay compensation due to the nature of the constable's cause of death, a sunstroke.

Key Points:

Delay in Claim: The constable's wife claimed compensation in 2008, seven and a half years after the incident. The court noted the duty to lodge the claim immediately and questioned the delayed claim, emphasizing the duty of the Chief Electoral Officer.