"In our considered opinion when a snake bites a person, it is an accident. On this analogy we do not find any difference between the death caused by a snake bite and the death caused by the bite of malaria parasite provided there should be a proof to that fact.
"We come to the conclusion that death due to mosquito bite is covered by the word accident," the North District Consumer Disputes Redressal Forum said.
The order of the bench, presided by Babu Lal came on the plea of Punjab native Nirmal Singh who had alleged that after his father's death due to malaria, the Oriental Insurance Co Ltd refused to reimburse his claim under the policy.
Nirmal had said in his plea that his father, a truck driver, had purchased an Individual Janta PA scheme for a sum of Rs 2,00,000 from the insurance company for the period of November 28, 1997 to November 27, 2007.
He had said his father had fallen ill while moving goods from Mumbai to Delhi and back and had later died in the hospital during treatment on October 19, 2003.
The insurance company contended that the insurance of the deceased had been cancelled in 2002 itself as per the policy decision and the premium of Rs 282 was refunded on proportionate basis for the un-expired period of the scheme.
It had also contended that the policy was in respect of sustaining bodily injury resulting solely and directly from accident caused by outward, violent and visible means and / or death / disablement due to sterilisation risk and since the insured did not die of any accident, the beneficiary of the deceased was not entitled to the insured amount.
The forum while holding that death of Nirmal's father was due to accident, however, upheld the decision of the company to reject his claim saying the policy was cancelled in 2002 and the cancellation was not challenged by him.