Death caused by extreme cold also accidental: panel

In a unique ruling, the National Consumer Commission has observed that death caused by extreme cold is accidental. It has ordered the National Insurance Company Limited (NICL) to pay the insurance amount to the family of Shashi Bhushan (27) from Vaishali, who died of a heart attack due to extreme cold in the Bihar in 2004.

Shashi had bought a Group Janta Personal Accident Insurance Policy of Rs 3 lakh from NICL, the validity of which was from February 15, 2001 to February 15, 2006. On January 1, 2004, Shashi died of a heart attack. When his wife made a claim with the insurance company, they refused the claim on the pretext that the death was natural and not accidental.

A Bench comprising Justice M B Shah and Member Rajya Lakshmi Rao observed that “deaths which do not occur in the usual course of events, which cannot be reasonably anticipated can be considered to be an accidental one. Death due to cold wave is also not natural and hence is accidental”.

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The commission observed that in the present case, the cold wave was sudden and due to that a number of people, including Bhushan, suffered heart attacks and died.

The NICL has been directed to pay a sum of Rs 3 lakh with interest at the rate of 12 per cent, along with Rs 10,000 as compensation.