IS DEATH BY MOSQUITO BITE AN ACCIDENT?

The Supreme Court pronounced its judgment dated March 26, 2019, whether death by a disease caused or transmitted by insect bite/virus in the natural course of events would be covered by the definition of an accident. An interesting outcome from a Supreme Court judgment, which will influence the future claim settlements.

The verdict was made in the matter of The Branch Manager, National Insurance Co. Ltd. Versus Smt. Mousumi Bhattacharjee & Ors.

Backdrop

The deceased had purchased a Home Loan insurance cover and died of multi-organ failure caused due to malaria (caused by mosquito bite) in Mozambique (Africa). The Policy covers death due to accidents. Previously, all the consumer forums directed the Insurer to settle the claim.

Focal points of Judgement:

In order to constitute an accident, the event must be in the nature of an occurrence which is unnatural, unforeseen or unexpected.

‘Accident’ as a term which does not include disease in the ordinary course of events, meaning ordinary exposure to the elements.

The Court cited that a person who suffers from viral fever cannot say that it is an accident. Although, there is an element of chance or probability in contracting any illness. Getting a bout of flu or viral illness may be a matter of chance. But a person who gets the flu cannot be described as having suffered an accident as the flu was transmitted in the natural course of things. To be bitten by a mosquito with a malarial parasite does involve an element of chance. Hence, the disease which is caused as a result of the insect bite in the natural course of events cannot be regarded as an accident.

It has been proposed that the disease was caused or transmitted in the natural course of events, it would not be covered by the definition of an accident.

The insured was based in Mozambique where one out of three people is afflicted with malaria. It was neither unexpected nor unforeseen. 

In light of these statistics, the illness of encephalitis malaria through a mosquito bite cannot be considered as an accident. It was neither unexpected nor unforeseen. It was not a peril insured against in the policy of accident insurance. Court separates snake or scorpion or dog bite from the verdict. The claim was paid by the insurer, but the Court did not order recoveries.

Copy of Supreme Court judgement is in the link below

https://main.sci.gov.in/supremecourt/2017/2086/2086_2017_Judgement_26-Mar-2019.pdf