Consumer court orders Rs 50 lakh insurance payout, says insurer can’t impose new claim conditions

Consumer court orders Rs 50 lakh insurance payout, says insurer can't impose new claim conditions
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NEW DELHI: A district consumer commission in Andhra Pradesh has directed ICICI Lombard General Insurance to pay a deceased policyholder’s family Rs 50 lakh under an accidental death insurance policy, holding that an insurer cannot introduce new conditions at the claim stage after issuing the policy. In its July 20 order, the Kurnool District Consumer Disputes Redressal Commission also awarded Rs 20,000 as compensation.How did the dispute begin?According to the commission’s order, the complainant’s husband had purchased an accidental death insurance policy from ICICI Lombard with a cover of Rs 50 lakh. The policy was valid from June 9, 2025, to June 8, 2028, and the annual premium was Rs 14,445.On July 28, 2025, the policyholder died in a road accident after being hit by a mini truck. A criminal case was registered, and after completing the investigation, the police filed a charge sheet before the jurisdictional magistrate.After her husband’s death, the complainant, who was the nominee under the policy, submitted the insurance claim along with documents including the policy, FIR, post-mortem report, inquest report, death certificate and charge sheet. However, the insurer rejected the claim, stating that the police final report had not been submitted. Later, it also sought additional documents, including the deceased’s income tax returns and one year’s bank statement.The insurer then argued that the complainant had failed to submit all the required document to process the accidental death claim and therefore the rejection of the claim was justified.Why did the consumer court order the insurer to pay Rs 50 lakh?The bench of President Karanam Kishore Kumar, Member N Narayana Reddy and Member S Nazima Kausar observed that the complainant had already submitted all the essential documents required to establish the accidental death. It noted that the police charge sheet had already been filed and that it constituted the final police report after completion of the investigation.“The documentary evidence on record shows that the charge sheet, which constitutes the final police report upon completion of the investigation, had already been filed before the competent criminal court and was also furnished by the complainant.”The commission further noted that when ICICI Lombard issued the policy, it had accepted the insured’s proposal without asking for details about his income or income tax returns. Therefore, it could not insist on such documents only after a claim had been made.“Having accepted the risk and issued the policy without insisting upon such particulars at the inception of the contract, the Opposite Parties cannot subsequently, at the stage of claim, insist upon production of Income Tax Returns or income proof.”Holding that the insurer had introduced fresh conditions after issuing the policy, the commission said such a course was not permissible in law. It also found that the accident, cause of death and validity of the policy were never in dispute.“Such conduct on the part of the Opposite Parties amounts to introducing new conditions post-contract, which is impermissible in law.”The commission also held that the insurer failed to explain how the deceased’s income tax returns or bank statements were relevant to deciding an accidental death claim. It concluded that rejecting the claim on such technical grounds amounted to deficiency in service.Accordingly, the commission directed ICICI Lombard to pay the insured amount of Rs 50 lakh to the complainant, along with Rs 20,000 as compensation for mental agony and Rs 10,000 towards litigation costs within 45 days. If the amount is not paid within the stipulated period, the insurer will have to pay 9 per cent annual interest on the insured amount from the date the complaint was filed until payment is made.

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