Kolkata. The Calcutta High Court ruled that death caused by a mosquito bite is not an “accident” and therefore not insurable under ‘accident’ insurance. With the same reasoning, Justice Moushumi Bhattacharya of the Calcutta High Court dismissed a petition filed by the mother of a serving army man who died of dengue in December 2021. The petition sought to quash the letter of the insurance company dated September 09, 2022, in which the company said that it was unable to accept the claim due to the cause of death of the petitioner’s son.
However, the court held that mosquitoes are common and widespread in India, and therefore, a mosquito bite cannot be termed as an ‘accident’ for the purpose of claiming insurance compensation. The petitioner is the mother of Chayan Mukherjee. He was serving in the Indian Army. He died on December 20, 2021 at the Command Hospital in Kolkata. He was admitted to a hospital on November 16, 2021 after suffering from a knee injury. During treatment at Command Hospital, he was diagnosed with end stage kidney disease.
On December 12, 2021, Mukherjee developed high fever with chills and was found to be Dengue NS1 Ag positive. Finally, on December 20, 2021, he succumbed to his illness. His mother lodged a claim with the United India Insurance Company after the death of her son. The company rejected the claim on the ground that the cause of death was “non-accidental” and hence not covered under the policy. He challenged the refusal of the insurance company and sought cancellation of the letter.
The counsel representing the petitioner contended that his claim was covered within the insurance policy which was specifically designed for defense personnel. Further, it was stated that the primary cause of death was purely accidental, as the petitioner’s son had not anticipated that he would be suffering from dengue in the Command Hospital.
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Tags: calcutta high court, Kolkata News, mosquitoes, west bengal news
FIRST PUBLISHED : May 12, 2023, 21:39 IST
