Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले


CIVIL APPEAL No.4769 OF 2022
1. The non-application of the general strict liability principle, in case of
an insurance policy, is sought to be questioned, where an expanded meaning
has been given to the relevant term of the insurance policy in order to grant
insurance claim, now assailed before us by the insurance company, the
Appellant herein, in view of the order dated 03.10.2017 passed by the
Division Bench of Patna High Court in favour of Respondent No. 1 herein.
The original claim was made by a writ petition filed by the prospective
beneficiary i.e. Respondent No.2 herein, but while granting the benefits to
the beneficiary, a liability was placed on Respondent no.1 and not on the
insurance company, which aspect was reversed by the Division Bench vide
its judgment dated 03.10.2017 fastening the liability on the insurance
2. The Appellant, insurance company, and Respondent No.1, the Chief
Electoral Officer, Bihar, Patna, entered into a Memorandum of
Understanding (hereinafter referred to as ‘MoU’) on 09.02.2000 to provide
insurance cover to the persons deployed for election related work for Bihar
Legislative Assembly Elections in the year 2000. The relevant Clause in
question of the MoU is Clause 3, which reads as under:
“Scope of Cover
The insurance is intended to provide for the payment of
compensation in the event of death only resulting solely and
directly from accident caused by external violent and any other
visible means.”
On the MoU being executed, the State Government opted for a Group
Insurance Scheme vide letter dated 10.02.2000 to cover its premium paying
employees, who were appointed for election related activities. It appears that
keeping in mind the period of the by-polls, the duration of the insurance
scheme was extended from 24.05.2000 to 23.06.2000 by way of a
supplementary policy. The incident, we are concerned with, was during
these by-poll elections.
3. The husband of Respondent No.2, late Deval Ravidas, Constable,
Shivhar District Force, was a member of the Static Armed Force, posted at
Booth no.67, Primary School, Mathura Sultanpur, Police Station Bidupur,
District Vaishali, who died due to a sun stroke/heat stroke while performing
election duty for the Bihar Legislative Assembly. As stated, this was during
the extended period of the insurance policy. It appears that the matter rested
at that for a fairly long time and it is only in the year 2008 that Respondent
No.2, wife of the deceased Constable Deval, sought to raise the issue of
compensation vide her letter dated 21.11.2008.
4. The Assistant Election Officer, Bihar-cum-Under Secretary to the
Government, vide letter dated 20.11.2009 addressed to the Under Secretary
to the Lokayukta, Patna, Bihar, noted that the death of the deceased
Constable had occurred on account of heat stroke on 26.05.2000 during
election duty and had not occurred on account of any external violent
activity/accident. Thus, compensation to Respondent No.2 could not be
found admissible for payment.
5. Respondent No.2 wife filed a Writ Petition, being CWJC
No.1781/2011, before the High Court of Judicature at Patna for quashing the
aforementioned letter dated 20.11.2009 and sought payment of
compensation amount of Rs.10 lakhs as per the insurance policy since her
husband had died while performing election duty. Apparently, on account of
some directions of the learned Single Judge, the District Election Officer
placed a notice of claim dated 24.04.2011 to the Appellant insurance
company regarding the claim for insurance. This was, however, not
6. The learned Single Judge in the Writ Petition, CWJC No.1781/2011,
decided not to go into the issue whether the accidental death was in terms of
the policy because the Chief Electoral Officer in a supplementary counter
affidavit had already acknowledged the eligibility for payment to the wife of
the deceased police official. The Court, relying on the judgment in
Lilawanti Devi v. The State of Bihar & Ors1
, opined that after the expiry of
a given policy, no direction could be given for payment of insurance
amount. The claim was required to be lodged within the duration of the
policy, i.e., 24.05.2000 to 23.06.2000. Thus, the Court opined that the
primary responsibility to raise the claim under the policy was with the
1998 (2) PJLR 692
officials of the State Government and that they did not raise the claim within
the duration of the policy and permitted the policy to lapse. Therefore, the
liability to pay the amount to the deceased wife was assigned to the Chief
Electoral Officer and the District Magistrate, Vaishali.
7. The Chief Electoral Officer, preferred an appeal before the Division
Bench of the High Court against the order dated 17.05.2011, which is the
subject matter of the impugned judgment dated 03.10.2017.
The controversy debated before the Division Bench:
8. In LPA No.1049/2011 in so far as the insurance company is
concerned, it washed its hands of the liability relying on the judgment in
Lilawanti Devi2
case. Thus, primarily, the defence was raised on the
absence of any claim being lodged in time, though the death of the Police
Constable during the election period of by-poll was not disputed.
9. The appeal filed by the Chief Electoral Officer was premised on the
plea to burden the liability to pay the insurance amount on the Appellant
insurance company, as the insurance policy was stated to be subsisting on
the relevant date. The entitlement of the family of the deceased officer to
receive the amount and that to as claimed, however, was not disputed and it
was stated that the family had already been paid the amount by Respondent
No.1 during the pendency of the appeal before the High Court. The
grievance was solely assigning the liability on the Chief Electoral Officer
and the District Magistrate, Vaishali. In this behalf, reliance was placed,
inter alia, on a judgment of this Court in Delhi Electric Supply
Undertaking v. Basanti Devi & Anr.,3
 opining that the employer of the
deceased had assumed the role of an agent of the insurance company under
Section 182 of the Indian Contract Act because the employer had the
responsibility of deducting the premium from the monthly salary of the
deceased and remitting it to the insurance company. Therefore, on account
of the employer’s failure, as an agent, to remit the premium amount, the
insurance company, as the principal, will still have the liability to make
payment of the insured amount.
10. We may observe, at this stage itself, that the factual controversy and
the legal controversy in this case are quite different. We really do not see
how it was relevant for the issue being debated.
11. The Division Bench, however, distinguished the instant case from
Lilawanti Devi4
 predicated on the premise that the Constable had died while
the insurance cover existed, unlike in Lilawanti Devi5
. The factum of death,
(1999) 8 SCC 229
occurring during the existence of the policy, was not disputed, which was
before the expiry of the insurance policy and surprisingly, in our view,
applied the ratio of Basanti Devi6
on the agency principle. To support its
view, the Court made the following observations:
Firstly, the net premium for the policy was paid to the insurance company
by the Headquarters directly after deducting from the salaries of the police
Secondly, insurance was taken on behalf of the police personnel under the
signature of Director General and Inspector General of the Police or their
name nominee;
Thirdly, the police personnel was prohibited under rules from making any
direct contact with the insurance company and all communications were
restricted between the Headquarters and the insurance company;
Fourthly, the police personnel did not have an individual right to take out
the policy.
12. On the issue of time for raising the insurance claim, it was opined that
no time limit was prescribed and since all pre-requisites to the claim for the
insurance policy were available, it was the exclusive liability of the
insurance company to pay the insured amount.
13. The insurance company but naturally came into appeal before this
Appellant’s contentions:
14. The Appellant contended before us that the Assistant Election Officer
had actually rejected the claim vide letter dated 20.11.2009 but subsequently
sought to admit their liability in the writ petition and paid the claim to
Respondent No.2. The endeavour thereafter was to somehow fasten the
liability on the Appellant.
15. The policy was also stated to have expired by efflux of time on
23.06.2000. Learned counsel for the Appellant also sought to contend that
the cause of death was due to a sun stroke/heat stroke and was not even
covered within the scope of the policy as the ‘Scope of Cover’ of the MoU
required it to be “external violent and any other visible means.”
16. On the issue of time period within which the claim was to be made,
the terms of the MoU were referred to, requiring the claim to be made and
notified immediately to the Appellant, which had admittedly not been done.
In fact, it was notified to the Appellant insurance company on 24.04.2011
i.e. after eleven years and after the Respondent No. 2 had filed the writ
petition before the High Court of Patna.
17. The crucial issue, emphasised before us, was that the terms of the
insurance policies are to be strictly construed and undisputedly accepted.
Respondent No.1’s case:
18. On behalf of the Chief Electoral Officer, a slightly divergent case as
apparent from the impugned order was sought to be made before us
countering any admission of liability to pay the insurance amount in the
supplementary counter affidavit. It was submitted that the Supplementary
Counter Affidavit in the Writ petition only stated that it was a fit case to be
recommended for payment in view of the judgment in Kamlawati Devi v.
The State of Bihar & Ors.7

19. The letter dated 10.02.2000 issued by the Chief Electoral Officer had
clarified that the primary burden to file the claim for insurance amount
before the Appellant insurance company was on the wife of the deceased. It
is mentioned that there was also an inordinate delay in the representation
made by Respondent No.2 wife and that it was made for the first time on
21.11.2008, almost seven and a half years after the death of the police
20. It had been clarified that the death of the police official was caused by
a heat stroke and his death was not covered under the MoU and, thus, delay
in raising claim was not exclusively driven by the Chief Electoral Officer.
(2002) 3 PLJR 450
The role of the Chief Electoral Officer was limited to forwarding the
recommendation, which it duly did. The husband of Respondent No.2 died
during the currency of the insurance policy and, thus, it was pleaded that the
Appellant insurance company as the insurer was under an obligation to
honour the promise of paying the insured amount in case of death of an
employee while on election duty during the sustenance of the insurance
Our view:
21. On consideration of the rival contentions, there are two aspects which
needs to be flagged: firstly, the consequences of delay in claiming the
amount from the Appellant insurance company; secondly, whether at all the
insurance policy covered the scenario of the death of the constable.
22. On the first aspect, the admitted position is that Respondent No.2
never raised a claim even on the Chief Electoral Officer seeking an
entitlement of the claim till the letter dated 21.11.2008 after seven and a half
years. Thus, by any standards this claim was beyond any reasonable time
23. Let us say that even if the wife had not claimed and the Appellant
insurance company were of the view, that the case was covered by the
policy, then it was the bounden duty of Respondent No. 1 to have lodged
that claim. It cannot countenance the submission that while on one hand the
claim made by the wife was initially rejected, subsequently, it is reexamined, almost as if making it a pre-condition to fasten the liability on the
Appellant insurance company. The conditions of the MoU required the claim
to be made immediately on the occurrence. The relevant clause is as under:
The claim will be intimated to the National Insurance Co. Ltd.
immediately on its occurrence at its Regional office, Sone Bhawan,
Birchand Patel Marg, Patna (Phone: 220979, 223103 Fax: 0612-
220973). On receipt of the intimation, the local office at the place of
occurrence shall be liasioning with the govt. Agencies in getting the
desired papers completed in all respect.”
24. It appears to us that in their own wisdom Respondent No.1 never
thought that it was a case for which claim should be lodged with the
Appellant insurance company. Thus, whether the claim was admissible
under the insurance policy or not, the conduct of Respondent No.1 would
not entitle them to fasten the liability on the Appellant and would have to be
borne by them if they are of the view that such an amount ought to have
been made. It would be negligence of Respondent No.1 in lodging the claim.
If it was not admissible then there is no reason to forward the claim to the
Appellant. Respondent No.1 has been actually playing ducks and drakes
with this issue for reasons best know to them.
25. The aforesaid could actually end the discussion before us but since the
issue of the liability of Respondent No.1 has in turn raised the question
about the incident being covered by the insurance policy, we consider it
appropriate to even answer that question.
26. We would first like to elucidate the principles on which a claim under
any insurance policy is examined. It is trite to say that the terms of the
insurance policy are to be strictly construed.
27. The insurance contracts are in the nature of special class of contracts
having distinctive features such as utmost good faith, insurable interest,
indemnity subrogation, contribution and proximate cause which are
common to all types of insurances. Each class of insurance also has
individual features of its own. The law governing insurance contracts is thus
to be studied in three parts, namely, (1) general characteristics of insurance
contracts, as contracts; (2) special characteristics of insurance contracts, as
contracts of insurance, and (3) individual characteristics of each class of
Justice K Kannan, Principles of Insurance Law Chapter 3 (Volume 1, 10th ed. 2017, pg. 31)
28. Now turning to some of the judicial pronouncements, wherein it has
been opined that the words used in a contract of insurance must be given
paramount importance and it is not open for the Court to add, delete or
substitute any words (Suraj Mal Ram Niwas Oil Mills (P) Ltd. vs. United
India Insurance Co. Ltd9
.). Insurance contracts are in the nature where
exceptions cannot be made on ground of equity and the Courts ought not to
interfere with the terms of an insurance agreement (Export Credit
Guarantee Corporation of India Limited vs. Garg Sons International10).
29. This Court in Vikram Greentech India Ltd. v. New India Assurance
Co. Ltd.11 reiterated that the insured cannot claim anything more than what
is covered by the insurance policy. The terms of the contract have to be
construed strictly, without altering the nature of the contract as the same may
affect the interests of the parties adversely. The clauses of an insurance
policy have to be read as they are. Consequently, the terms of the insurance
policy, that fix the responsibility of the insurance company must also be read
9 2010 SCC OnLine SC 1148
10 2014 1 SCC 686
11 (2009) 5 SCC 599
30. In several other judgements12, this court has held that the insurance
contract must be read as a whole and every attempt should be made to
harmonise the terms thereof, keeping in mind that the rule of contra
proferentem does not apply in case of commercial contract, for the reason
that a clause in a commercial contract is bilateral and has mutually been
agreed upon.
31. Now we turn to the specific clause in the MoU, which would govern
the insurance policy providing for payment of compensation in the event of
death (only) resulting “solely and directly” from the accident caused by
external violent and any other visible means. On a plain reading itself, leave
aside the question of strict interpretation of the clauses, it is quite apparent
that the admissibility of the claim is in the event of death. The second part of
the same sentence begins with “only”. Thus, even in the event of a death, it
is only in the scenario where the consequent situation arises, i.e., it has to be
solely and directly from an accident caused by external violence. Here the
death is by sun stroke. There was no semblance of any violence being the
cause of death. The last aspect which reads as “any other visible means”
would be an expression to be read in the context of ejusdem generis with the
12 Oriental Insurance Co. Ltd. v. Sony Cheriyan (1999) 6 SCC 451,Polymat India (P) Lid. v. National
Insurance Co. Ltd. (2005) 9 SCC 174, Sumitomo Heavy Industries Ltd. v. ONGC Ltd. (2010) 11 SCC 296
and RashtriyaIspat Nigam Lid. v. Dewan Chand Ram Saran (2012) 5 SCC 599.
external violent death and cannot be read in isolation itself.
32. We have benefit of elucidation in this behalf arising from the
judgment of this Court in Alka Shukla v. Life Insurance Corporation of
India13. The Court noted the divergence of opinion of courts between courts
across international jurisdictions making a distinction between “accidental
means” and “accidental result” while deciding insurance claims. Thus, an
unexpected accident and unforeseen consequence or result from a normal or
routine activity may constitute an accident but it would not qualify as
“accidental means”. Two illustrative examples given are: (a) a fatal heart
attack while dancing would be called “accidental” but would fail to attract
insurance cover as not due to “accidental means”; (b) heart attack suffered
as a result of over-exertion on being chased by a ferocious dog the death
might attract the insurance cover as it was caused by “accidental means”. In
the first example it was a normal activity while in the second it was an
unintended activity and not a normal activity. The given type of injury may
thus, fall within or outside the policy according to the event which led to the
death and it is this particular cause which is required to be examined. 14 The
accident, thus, per se postulates a mishap or untoward happening, something
13 (2019) 6 SCC 64
14 Colinvaux’s Law of Insurance (11th Edn.) discusses the effect and the impact of the expressions “violent,
external and visible:
which is unexpected or unforeseen.
33. The aforesaid judgment also emphasises the importance of a plain
reading of the policy as a guiding principle. A proximate causal relationship
between the accident and the body injury is a necessity.
34. If in the aforesaid context, the policy is analysed, the cause arising
from a sun stroke cannot, in our view, be included within the parameters of
the ‘Scope of Cover’ in the insurance policy defining when such insurance
amount would become payable.
35. Thus, on the second account also we are of the view that the Appellant
insurance company is not liable.
36. We have, thus, no hesitation in concluding that the impugned
judgment of the Division Bench of the Patna High Court is clearly
unsustainable and is set aside. In fact, the order passed by the learned Single
Judge was predicated on the own admission of Respondent No.1, which is
now sought to be resiled from by giving a slightly different interpretation
but then if the claim was not admissible, there was no reason for Respondent
No.1 to forward the claim to the Appellant insurance company merely
because it was made and with the objective of somehow benefiting
Respondent No.2 at the cost of the Appellant. That being the position, we
are quite cognizant of the fact that the amount already stands paid by
Respondent No.1 to Respondent No.2 wife in pursuance of the judgment of
the learned Single Judge. We do believe that de hors the complexity of any
legal issue, Respondent No.2 having enjoyed the benefit for so many years,
the stand as taken by Respondent No.1 qua the liability to pay Respondent
No.2, it would not be appropriate to permit Respondent No.1 to recover any
amount from Respondent No.2 and that aspect should now stand closed.
37. The appeal is accordingly allowed leaving the parties to bear their
own costs.
[Sanjay Kishan Kaul]
[Abhay S. Oka]
New Delhi.
February 08, 2023.


Popular posts from this blog

भारतीय संविधान से संबंधित 100 महत्वपूर्ण प्रश्न उतर

100 Questions on Indian Constitution for UPSC 2020 Pre Exam

संविधान की प्रमुख विशेषताओं का उल्लेख | Characteristics of the Constitution of India