The Delhi High Court has ruled that when it comes to claiming insurance benefits, death due to rabies from a dog bite is to be considered an accidental death and not a natural demise.
In its order on Wednesday, the bench of Justices Navin Chawla and Shalinder Kaur directed the Life Insurance Corporation of India (LIC) to double the compensation amount and pay an additional Rs 5 lakh to the family of a deceased person with an interest of six per cent per annum from 2010. It also directed LIC to pay an additional cost of Rs 20,000 to the claimant for the petition.
The bench was dealing with the petition of Seema Telgote, a head constable in the Border Security Force (BSF), who was appointed on compassionate grounds following the death of her husband Tej Rao Telgote. BSF constable Tej succumbed to rabies in 2009 after a stray dog bit him when he was serving with the 113th Battalion of the BSF at Cooch Behar in West Bengal.
Following the death, Seema was paid Rs 5 lakh in 2010 as a lump sum compensation under the Group Insurance Scheme of LIC, which was introduced in 2006 for BSF personnel. This was against her claim for Rs 10 lakh.
The BSF had classified Tej’s death as ‘natural’ despite the medical certificate issued by the Medical College and Hospital at Siliguri, West Bengal, which stated that the cause of death was ‘rabies’, medically known as ‘paraperesis with aerophobia and hydrophobia’.
A post-mortem could not be conducted since the death was due to rabies. A post-mortem report was necessary to file a First Information Report (FIR) at the local police station and a subsequent final probe report – all these documents are sought by LIC to approve the claim under ‘accidental’ death.
Seema argued that Tej was bitten by a stray dog while he was on duty, and that his death was not “natural” but an “accidental death on duty” for which the compensation would be Rs 10 lakh. The bench was further informed that Tej’s entire treatment was done “under the control and supervision of the Medical Unit of the BSF, and no member of the family was with the deceased at the said point of time.”
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Even the dead body of the late constable was not sent to his native place, and family members participated only in the cremation arranged by the BSF at the Municipal Crematorium, Siliguri. It was also submitted that the said scheme of LIC “does not mandatorily require an FIR and/or Post-Mortem Report, as these are only directory and not mandatory,” adding that since the cause of death was known, a post-mortem was not required.
In its order, the Delhi High Court said, “The plain meaning of the term ‘accident’ can be said to be an unexpected and unforeseen event that occurs, with or without human agency. The ‘Double Accident Benefit’, stated in the insurance scheme, also covers death caused directly from injury, which has been caused by an accident by outward violent and visible means solely, directly and independent of all other causes. Keeping this in mind, a dog bite, thus, can be said to be an outward violent and visible accident by which harm is brought about and, which resulted in death therefrom.”
The court thus held that the petitioner is entitled to the ‘Double Accident Benefit’ under the LIC scheme.
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