United India Insurance Company Ltd.- vs Renuka Anandrao Jogdana

MR . Anandrao Jogdana, husband of complainant Smt. Renuka Anandrao Jogdana obtained Group JPA Farmer Personal Accident Insurance Scheme as directed by the Commissioner, Agriculture as the member of ''Shetkary '' from the United India Insurance Company Limited, OP/petitioner for the period from 15.8.2009 to 14.8.2010. The insured approached one Shankaranand Pawar on 11.12.2009. He advised him to take his medicine which would cure/give up the habit of consumption of liquor. He gave herbal to the insured. That herbal caused the death of the insured. Matter was reported to police station Bhokar and a case was registered against Shankaranand Pawar under Section 304 of Indian Penal Code and Section 7 under the provisions of Drugs and Cosmetics Act, 1994.

SMT . Renuk Anand Rao Jogdana made a claim before the Insurance Company. The Insurance Company repudiated the said claim on the ground that death was caused by poison herbal given by magician and not accidental. We have heard the learned Counsel for the petitioner at the time of admission of this case. The learned Counsel for the petitioner vehemently argued that the death of the petition was caused by poison and not by an accident.

FOR the following reasons, we find no force in these arguments. This is an admitted fact that the Autopsy goes to show that the cause of death is unknown poison. There is not an iota of evidence which may to go show that the insured had any intention to commit suicide. The giving of herbal medicine was an accident. The element of mens rea on the part of the deceased as well as accused Shankaranand Pawar is missing. From the evidence produced before Foras below, there is no inkling of the fact that the accused Shankaranand Pawar had any intention to kill the insured. Giving of a wrong medicine will tantamount to an accident. The revision petition has no merits and the same is therefore dismissed on merits.

AGAIN there is a delay of 34 days in filing this revision. That, too, has not been explained to our satisfaction. This is departmental delay which is not liable to be condoned. The petition is also barred by time. Consequently, the revision petition is hereby dismissed. Revision Petition dismissed.