Supreme Court · 2019 INSC 403 · Decided 26 March 2019

The Branch Manager National Insurance CO. LTD. v. SMT. Mousumi Bhattacharjee & ORS.

Court
Supreme Court of India
Citation
2019 INSC 403 · [2019] 5 S.C.R. 46
Case number
CIVIL APPEAL No. 2614/2019
Decided
26 March 2019
Bench
D.Y. CHANDRACHUD, HEMANT GUPTA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Consumer Protection Act

Headnote

Consumer Protection Act, 1986 - Insurance policy claim - Deficiency of service - Whether death due to malaria occasioned by a mosquito bite in Mozambique constituted a death due to accident - Insurance policy accident - The insured was working in Assam and thereafter took employment in Mozambique where he was diagnosed with encephalitis malaria and died due to multi-organ failure - Claim filed by spouse and father of the deceased - Plea of insurer was that death due to malaria caused

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