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This is an archive article published on June 9, 2014

Accidental death: Forum rejects insurance claim

The Reliance General Insurance Company submitted that the complainant had not furnished any claim document as per the scheme.

In a rather unusual case, a Mumbai consumer forum recently turned down an insurance claim of a woman whose husband was accidentally shot by a villager while hunting wild boars. The complainant Radhabai Pednekar had claimed that her husband Krishna Pednekar (55), an agriculturist, held land in Sindhudurg district.

On December 30, 2006, while trimming woods, he saw boars entering his field. According to Radhabai, ‘in order to protect the crop, Krishna and other villagers tried to hunt down the boars.’ During the hunt, however, a bullet aimed at a boar accidentally hit Krishna, killing him immediately.

After the case was reported to the local police station, Radhabhai claimed that she submitted all relevant documents to the insurance company through the village revenue officer. No amount, however, was paid to her and therefore, a notice was issued to Reliance General Insurance Company, through an advocate on February 18, 2012.

Ironically, to support her case, she had produced copies of the police’s investigation papers along with a complaint lodged by Anil Pednekar, Krishna’s brother, stating that the, deceased and other villagers saw the presence of boars in the forest and decided to go hunting.

According to the complainant, her husband was hunting boars to protect the crop, but the contents of complaint stated otherwise. In Anil’s complaint, it had become clear that they were hunting in the forest and not in the agriculture land.

“They visited the forest for hunting purposes, making the incident not permissible in law,” Anil’s complaint to the police stated.

Radhabai had made an insurance claim of Rs 1 lakh with interest, under the government scheme for Farmers Group Personal Accident Policy.

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The insurance company, however, stated that the protection of the scheme is excluded if the accident, against which a claim is raised, took place while committing an ‘illegal act’. The complainant cannot avail the benefit of the scheme.

The Reliance General Insurance Company submitted that the complainant had not furnished any claim document as per the scheme.

While dismissing Radhabai’s claim, the forum, in its May 30 orde observed, “As per the scheme, claim should be submitted within 30 days of the incident before the talathi and the talathi should further submit the documents to the tahsildar.”

It also observed that there was nothing on record to show that  the complainant and other authorities have complied with the terms and conditions of the scheme.

meghna.yelluru@expressindia.com

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