Acquitted in wife’s suicide, man wins 55L insurance claim

Mumbai: Eight years after a man lost his wife in a kitchen fire and he was subsequently acquitted on charges of causing her death, the state commission on Monday brought to book an insurance company that had repudiated his claim on the ground that the death was a suicide and there was a delay in filing the claim. 

    The insurer will now have to pay Santosh Jawadwar the insured amount of Rs 55 lakh. While Rs 50 lakh was the cover given to his wife, Rs 5 lakh is to be paid towards the educational benefit of his daughter, according to the policy's additional benefits. 
    Holding Tata AIG General Insurance Co Ltd guilty of deficiency in service, the Maharashtra State Consumer Disputes Redressal Commission said during the course of the hearing, the advocate for the insurance company did not provide a satisfactory explanation as to how the claim can be repudiated on account of alleged suicide without adducing tangible evidence. "Also no satisfactory explanation came forward as to how the delay in notifying the claim in genuine cases empowers the insurance company to foreclose the claim," the commission observed. Jawadwar's lawyer Mukund Barve said they might file an appeal as no interest was awarded as compensation. 
    Jawadwar had subscribed to the accident guard policy which provided cover to himself and his family. While Jawadwar was insured to the extent of Rs 1 crore, his wife Kalpana was insured for Rs 50 lakh and his daughter for Rs 10 lakh. On the evening of February 20, 2005, an eight-months pregnant Kalpana died of severe burn injuries in their kitchen. Jawadwar, then 28, had said he and his nineyear-old daughter were out of the house and learnt of it only after seeing a huge crowd outside when they returned. Initially, police ruled the death was accidental. However, after Kalpana's brother filed a complaint with the police, a case was registered against Jawadwar for abetment to suicide and domestic violence. He was arrested and subsequently released on bail. On April 7, 2006, a sessions court acquitted him of all charges. The court also said "possibility of accidental death cannot be ruled out". 
    Jawadwar had first notified the insurance company seven months after the incident on September 22, 2005. The claim however was repudiated on multiple grounds. The insurance company stated a notice of the claim should have been given within seven days and not later than 30 days from the date of the incident. Jawadwar filed a complaint with the commission in 2006 where Barve argued Jawadwar was under mental stress due to his wife's death and subsequent legal battle. 
    Iterating its reasons for rejecting the claim, the insurance company told the commission that Kalpana's death was a suicide according to the police chargesheet. It stated that suicide was excluded from insurance cover and it was justified in denying the claim. The commission however said there was no conclusive proof to show the death was a suicide and the use of this ground by the insurance company for repudiation was unfounded and it was not sustainable in law.