Insurance companies ought to treat policyholder's family with compassion and sensitivity, Delhi HC

The Delhi High Court has stated that whenever claims for insurance are made, insurance companies ought to treat the family members of the policyholder with compassion and sensitivity..The insured and their families ought not to be made to run from pillar to post for getting their claims, the Court has said..The observations form part of an order passed by a Single Judge Bench of Justice Prathiba M Singh in a plea seeking early hearing of a complaint before the National Consumer Dispute Redressal Commission (NCDRC)..The Petitioner’s husband had met with a fatal accident in February, 2017. She was named as the nominee in the deceased’s Personal Accidental Insurance (Individual) Policy from The New India Assurance Co Ltd (Respondent)..After the accident, the Respondent appointed a surveyor, who, in his report in June 2017 came to the conclusion that the death “took place genuinely on 05/02/2017 in a road accident” and gave its green light for the processing of the claim amount as per terms and conditions of the policy.However, in spite of the investigation report, the Respondent failed to honour the claims and took the position that the injury was a “self-inflicted intentional injury”..In view of this position, the Petitioner filed a complaint before the NCDRC in April 2018.Thereafter, the matter was adjourned from time to time and finally on October 16, 2019, the matter was adjourned to November 12, 2020, i.e., for more than a period of one year..The Petitioner, therefore, moved the High Court seeking early hearing of the complaint before the NCDRC as she was in need of the insurance amount..Before the High Court, the Respondent submitted that since the deceased was riding a Harley Davidson bike, the same constituted “self-inflicted intentional injury”.Calling the Respondent's stand "unreasonable", the Court observed that riding a bike could not per se be construed as a “self-inflicted intentional injury” especially when the report of the surveyor had opined that it was clearly an accident..Since the Respondent submitted that it had no objection if the hearing before the NCDRC was directed to be advanced to an earlier date, the Court proceeded to dispose of the petition. It said,“The case put up by the Respondent, of “self-inflicted intentional injury”, has to be examined in the light of the various facts, as also the reports by the surveyor.”.It further observed that when any person meets with a fatal accident of this nature, to term the same as “self-inflicted intentional injury” would be extremely insensitive..Stating that the Respondent’s stand reflected a serious prejudice, the Court remarked,."Whenever claims for insurance are made, the same ought to be treated with compassion and sensitivity of the family members ought to be borne in mind. The insured and their families ought not to be made to run from pillar to post for getting their claims. The effort ought to be to empathise with the insured and families, rather than taking an adversarial stand."Delhi High Court.The Court disposed of the plea with a request to the NCDRC to hear this matter on an early date and pass final orders, after adjudicating the disputes between the parties.The parties were directed to appear before the NCDRC for the purposes of fixing a short date for hearing in the matter on January 20..The Petitioner was represented by Advocates Manik Dogra, Saurabh Seth, Kanika Agnihotri, Sumer Dev Seth. The Respondent was represented by Advocates DD Singh, Navdeep Singh.Read the Order: