Personal Accident Insurance

Personal Accident Insurance

During these times when people have to adhere to strict timelines, work longer hours, attend tours and meetings, the working class is always on the go. To minimize the risks associated with mobility, it is essential for individuals to obtain Accident Insurance coverage for themselves and their families.

                                                                                                                                    Subas Tiwari

Is Personal Accident Cover so important?

Indeed, in the era of globalization and the continuous mobility of the workforce, which includes self-employed individuals, businessmen, and traders, it is crucial to prioritize securing sufficient insurance coverage for oneself and their family members, including dependent parents or in-laws. This ensures that in unforeseen situations, there is no reliance on bank loans or borrowing from friends or relatives to cover medical expenses. By having adequate insurance, individuals can swiftly access necessary treatments and return to work promptly.

So, before we embark upon the task of finding out a suitable accident policy for individuals, let us find out why it is a must to be covered for accident insurance & what are the benefits/riders & common exclusions?

What is Personal Accident Insurance?

Personal accident insurance covers injuries or death that has been caused due to an accident. This is one of the most affordable and limited form of life & health insurance policy that is mostly availed by people who are travelling frequently by road, water or airways.

Why is it called Personal Accident Insurance?

There are accident insurance policies for Group Cover taken by organizations for their employees’ benefit (Group Accident Insurance) & there are those where the Corporate-employer takes accident insurance cover for their employees called Corporate Accident Insurance. So the term’ personal” denotes ‘individual’ accident insurance policies (where family floater options are also available).

Why do you need to have one?

Personal accident insurances cover the policyholder against death or disability due to an accident. All general insurance companies offer these policies. Firstly, it will provide financial support to the policyholder if he is disabled after an accident. Secondly, the magnitude of the mishap doesn’t matter; even minor ones like falling off a bicycle and breaking an arm, or fracturing a leg while playing football are covered by the policy.

PSU insurers offer cheap personal accident covers while private insurance companies offer a wider range of benefits, but the premium rates are higher. You can take a cover of up to 8 times your annual salary. Apart from the basic death and permanent disability cover, you can buy additional protection against partial and temporary disability, even loss of livelihood.

It’s important to understand the terms and conditions clearly before you buy a policy. For example, hospitalization benefit can be availed of only if the policyholder is admitted within seven days of the accident and is hospitalized for at least 24 hours.

How does it work?

One has to pay a monthly, quarterly or yearly premium that remains the same till the entire policy coverage period. A cash benefit can be availed as reimbursement when the policy holder has got a major accidental injury. Compensation is provided if the insured person dies due to accident. The coverage is generally valid even when you are out of the country. No medical check-ups are required prior to availing the personal accident insurance policy. It is important to pay the premium in time so that you can enjoy the benefits of this policy. You can also add your family members under this policy.

What is covered?

Accidental death– On the event of death due to accident, the policy holder’s family (or nominee) gets accidental death compensation of Sum Insured Value just before death (usually 100%+ no claim bonus). Some insurance policies also provide for reimbursement by way of payment of lump sum on education expenses of 2 kids under the Education Fund.

Accidental permanent disability– It means the policy holder has lost one or more limbs due to an accident or one or more parts of his/her body has been dismembered. The insured person is liable to get a certain amount as reimbursement of treatment cost (usually 100% to 125% of Sum Insured).

Accidental permanent partial disability- It means loss of one index/thumb finger or one ear or loss of vision in one eye or loss of one hand/arm/leg, which is a partial damage of permanent nature which is irreversible. Here the compensation is a calculated percentage of Sum Insured.

Accidental temporary disability– It means the policy holder has got severe injuries which have made him/her temporarily disabled/physically disadvantaged (physically challenged). In this case, he/she is entitled to get a lump sum compensation for the number of days where he/she is not able to work.

Medical reimbursement for health complications that has arisen from the accident– Many personal accident policies also provide reimbursement for medical complications that has  arisen due to an accident, like treatment of mental trauma (cost of medicines or cost of psychiatric counselling sessions), and so on.

What are not covered? (EXCLUSIONS)

The following could be the most common exclusions (not covered) in the Personal Accident Insurance Policy Cover. Take adequate care to read them, understand the implications & take an informed decision to buy.

  • Suicide
  • Self-inflicted injuries
  • Influenced by liquor and drugs
  • Any pre-existing conditions or infirmity
  • Hazardous sports or careers (such as deep sea diving, working in mines, circus; in Army, Air Force or Navy, Airplane Pilots, etc)
  • Use of alternate systems of medical treatments (such as AYUSH)
  • War situations, mental disorders and pregnancy/childbirth

(These are only illustrative & not exhaustive)

Comparison of Accident Insurance Vis-à-vis Health Insurance and Term Plan Insurance 

Personal Accident Insurance Health Insurance Term Plan Insurance
Sum assured is payable against injuries/disabilities/death/other related expenses caused by accident, subject to exclusions & individual limits  Sum is available for hospitalization expenses only during the life of the insured Sum assured is payable on death of the insured only
Chances of meeting with an accident is higher in today’s times Chances of getting hospitalized for diseases are comparatively slimmer Chances of death of the assured are much slimmer if either/both policies are taken
Premium amount is cheaper compared to other policies Premium is higher of these two policies Sum assured is huge & taking this into account, premium is reasonable
Premium is fixed on the basis of nature of job and/or working conditions (not based on age of the insured ) Premium is fixed on the basis of age, health history, lifestyle, etc

Premium is fixed on the age &

nature of job and/or working conditions, health history, lifestyle, etc

Additional Benefits (Covers) Built into the Policy (FREE –NO COST TO PREMIUM)

There is no standardized format in the policies to look for. The offering in the product of Accident Insurance Policy of an Insurance Company varies from that of another. However, we shall look into some of the additional benefits of which some of them could be offered to the policy-seeker, and which could be built-into the policy.

  • Education grant to children (limited to 2 children)
  • Transportation expenses of mortal remains subject to cap
  • Travel expenses of 1 relative subject to cap
  • Purchase of blood
  • Transportation of imported medicines
  • Repatriation Benefit & Funeral Expenses
  • Burn injuries
  • Mobility cover (prosthetic/artificial devices and/or orthopedic braces to enable the mobility of the insured
  • Fracture expenses 
  • Domestic road ambulance
  • Reconstructive surgery
  • Home/Vehicle modification expenses

Rider Benefits (OPTED BY THE INSURED WITH COST TO PREMIUM)

The following could be offered to specific needs as the insured may perceive, but additional premium will be loaded.

  • Life support benefit
  • Hospital cash allowance
  • Adaptation allowance
  • Accident hospitalization
  • Winter sports cover
  • Home convalescence
  • Loss of employment benefit

Procedure for Pre-Claim Filing (Important pre-filing procedures)

  • Hospitalization benefit can be availed of only if the policyholder is admitted within 7 days of the accident and is hospitalized for at least 24 hours. 
  • After the accident, one also has to submit  the following; 
  • Doctor’s certificate for the disability that prevents one from attending work
  • F.I.R
  • Policy copy
  • Claim form duly filled & signed by the insured/claimant/nominee
  • Post-mortem report (in case of accidental death)
  • Death Certificate
  • Spot Panchnama (certified copies)
  • Medical/Hospital report
  • Discharge Card
  • Doctor’s prescription
  • Medical/Pharmacy Bill
  • Any other document required by the relevant insurance company to process the claim

The following important points needs to be looked into

  • Contrary to public perception, premium paid on the Personal Accident Insurance Policy is NOT ELIGIBLE for any Income Tax benefits.
  • This kind of policy is not much canvassed by Insurance Agents as commission paid on such policies to them by the insurance company is too low.
  • For buying this policy, no medical checkup is required to be undertaken by the insured.

These policies can be purchased ONLINE & portability option is also available.

Do you Know Your ATM Card (Debit Card/Credit Card) Comes with Accident Insurance Cover?

In today’s time, most people use ATM cards. Due to ATM, we do not need to carry a lot of money with us. Money can be withdrawn anytime and anywhere with the help of this facility. But the ATM card does not work only for withdrawing money. Many other facilities are also available with the ATM card, whose information is not given to us. One of these facilities is your Accidental Insurance.

Yes, whether the ATM card is of a private bank or a government bank, complimentary insurance cover is also available with each card. This accidental cover can be from 25 thousand to 20 lakh rupees. The amount of insurance is decided according to the category of ATM card. In case of death or accident of the ATM card holder, this insurance can also prove to be the support of the dependents. Let’s know about it.

How do I make a claim?

The only condition for availing of the accidental hospitalization or death insurance cover is that the card should have been in use within 90 days prior to the accident. For the insurance cover to be applicable, the debit or credit card could have been used either at ATM, point of sale (PoS) or on e-commerce platforms, within the mentioned 90-day period.

The claim can be made bank branch where the cardholder has an account. It is not be noted that the claim has to be made no later than 90 days of the accident. Any claim made after 90 days might be rejected. The beneficiary of the claim could be the nominee on the account of the cardholder or legal heir.

It is also to be noted that this claim made with the bank of the cardholder will not affect claim process of any other external insurance provider. The claim can be made by submitting some documents to corroborate accidental death or permanent disability.

For example, for availing SBI’s RuPay card insurance, the following documents are needed:

  • Claim Form duly completed and signed.
  • Original copy of Death Certificate.
  • Original or Certified copy of FIR / Police report giving description of the accident.
  • Original or Certified copy of Post Mortem Report along with Chemical Analysis/FSL reports wherever applicable.
  • Aadhar copies of Cardholder and Nominee.
  • Declaration from Card Issuing Banks duly signed by authorized signatory and bank stamp specifying that: 
  • Cardholder is holding a RuPay card on RuPay issued IIN and mention the 16 digit card number.
  • Compliance of 90 days transaction criteria (to be supported with transaction log/account statement from the bank’s system).
  • Nominee Name and his banking details (including Passbook copy).
  • Brief description of Accident as per FIR translated in English or Hindi. 
  • Bank official’s Name and contact details with email ID.

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UN Road Safety Week (15th -21st May 2023) – Cyclothon in Lucknow, Uttar Pradesh

UN Road Safety Week (15th -21st May 2023) – Cyclothon in Lucknow, Uttar Pradesh

UN Road Safety Week (15th -21st May 2023) – Cyclothon in Lucknow, Uttar Pradesh

The cyclothon event was organized in Lucknow on 19 May 2023 as part of United Nations Global Road Safety Week at Kapurthala Intersection near KD Singh Babu Stadium Lucknow. The event was organized by Consumer Guild Lucknow with support from Consumer VOICE and local cyclist groups and people from education & legal fraternity with an aim to promote sustainable transport options and strengthen road safety.

Jayanti Srivastava, Assistant Professor Amity University, Lucknow led the cyclists and emphasized on the need for mutual coordination among all the stakeholders related to road safety. A good number of people such as youths, lawyers, educationists, students and working professionals joined the event and supported the cause. Media also supported and provided good coverage in the regional newspapers.

UN Road Safety Week 2023 Lucknow-3
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A memorandum was also submitted by the consumer guild to strengthen road safety and to promote sustainable transportation supported by cyclists to the Chief Minister of the state.

Later the memorandum was submitted to the Principal Secretary, Home, Government of Madhya Pradesh with a copy to the Commissioner, Transport, Principal, Government of Madhya Pradesh.

Media supported the cause and provided very good coverage. We also highlighted the activities on social media.

Social Media Links

https://twitter.com/ConsumerVoiceIn/status/1660276109785591809

https://twitter.com/ConsumerVoiceIn/status/1660538827751194624

Click here for Media Coverage 

UN Road Safety Week (15th -21st May 2023) – Rallies by School Students in Guwahati, Assam

UN Road Safety Week (15th -21st May 2023) – Rallies by School Students in Guwahati, Assam

UN Road Safety Week (15th -21st May 2023) – Rallies by School Students in Guwahati, Assam

Students’ community across Assam appealed to authorities for safer roads so that they can cycle, walk safely to schools during UN Road Safety Week (15th -21st May 2023).

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The rallies involving students from schools of Guwahati were organized as a part of observing the UN Global Road Safety Week. Students of Tarini Choudhury Govt. Girls H.S. & M.P. School Guwahati on 18th May and Satgaon High School Guwahati on 19th May took part in the events. More than 400 students took part in the rallies organised and appealed to ensure the safety of children on roads near schools in Guwahati. Consumers’ Legal Protection Forum, Assam (CLPF) in association with Consumer Voice, New Delhi & Seuj Asom organized the events.

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The students displayed placards with slogans ‘Slow down near Schools’, Your Speed Matters, Slow Down for School Zones’, Protect Our Future: Slow down for our Kids’, ‘Drive Responsibly, Slow down near Schools’ etc. A memorandum supported by students was also submitted to the transportation minister Parimal Suklyabaidya.

UN Road Safety Week (15th -21st May 2023) – Pedal for Change in Bhopal, Madhya Pradesh

UN Road Safety Week (15th -21st May 2023) – Pedal for Change in Bhopal, Madhya Pradesh

UN Road Safety Week (15th -21st May 2023) – Pedal for Change in Bhopal, Madhya Pradesh

Pedal for Change –

The cyclothon event was organized in Bhopal, Madhya Pradesh  on 20th May as part of UN Road Safety Week which is organised  every year from 15th to 21st May .The event was organized by the National Centre for Human Settlements and Environment, supported by Consumer VOICE and local organizations Help Box Foundation, and Bhopal Cycle Riders Group.

The rally was flagged off by Additional Commissioner of Police ( ACP) Shri Sushil Kumar Tiwari, who appreciated  the initiative as well as provided important road safety tips to the participants. The aim of the cyclothon was to promote a sustainable transport system, particularly for pedestrians, cyclists, and children. Over 100 cyclists, mostly youth, students and citizens came forward to support the cause. They all were carrying the messages in Hindi and English language on their cycles to promote sustainable transportation with hashtags #ReThinkMobility and #StreetsForLife.

The participants signed a memorandum addressed to the Principal Secretary, Home, requesting the development of a sustainable transport system in Madhya Pradesh specifically for pedestrians, cyclists, senior citizens, and children. In the memorandum the participants conveyed that they feel that there is a desperate need for governments and their partners to rethink about mobility. The memorandum also stressed that when safe, walking and cycling can contribute to making people healthy, cities sustainable, and societies equitable. Safe, affordable, accessible and sustainable public transport is a solution for many societies’ ills.

Later the memorandum was submitted to the Principal Secretary, Home, Government of Madhya Pradesh with a copy to the Commissioner, Transport, Principal, Government of Madhya Pradesh.

Media supported the cause and provided very good coverage. We also highlighted the activities on social media.

Lack of statutory compliance by the builder: Not a justification for a delay in possession

Lack of statutory compliance by the builder: Not a justification for a delay in possession

Lack of statutory compliance by the builder: Not a justification for a delay in possession

On March 23, 2023, the National Commission reached a decision in the case of Naresh Garg and Sons VS CHD Developers Ltd. Consumer Case No. 1753 of 2018. The Developers’ argument that the National Green Tribunal’s rules weren’t followed was rejected by the Commission as the cause of the delay. The bench stated that the opposing party cannot be permitted to profit from his own fault of non-compliance and refused to accept his justification as force majeure. 

  Dr Prem Lata, Legal Head VOICE

  • Case Title: Naresh Garg and Sons vs CHD Developers Ltd.
  • CC No. 1753 of 2018, Decided on 23rd March 2023

Brief Facts

The complainant, Mr. Naresh Garg, applied to the Opposite Party, CHD Developers, for re-allotment of a unit near the Golf Course Avenue in Gurgaon by way of an application. The flat was earlier allotted to one Sh. Sarvesh Kumar Tiwari. The Opposite Party permitted the re-allotment, after all the necessary formalities and payment of charges, to the complainant. An apartment’s buyer agreement was also entered into between the parties and as per that, the possession of the unit was to be delivered by the opposite party within 42 months from the date of agreement. However, the Opposite Party failed to deliver the possession within the stipulated time. Hence, the Complainant filed this consumer complaint praying for a refund of the amount Rs. 79, 37,091/- with an interest and damages to the extent of Rs. 5 Lakhs.

Arguments extended by the Opposite Party

  • As stated in Section 2(1)(d) of the Consumer Protection Act of 1986, the complainant would not fit the definition of a “consumer” because the property was bought for investment and resale and has a commercial purpose.  
  • The complainant’s claim is inflated to bring the complaint within the pecuniary jurisdiction of NCDRC. 
  • That the delay was caused due to a notification by the National Green Tribunal, Delhi resulting in stopping all construction activities by OP for a few months. 

Observations of the National Commission

  • The Opposite Party failed to place on-record the updated status of construction & likely date of its completion. Reliance was placed on the Supreme Court’s decision in Wg. Cdr. Arifur Rahman Kgan and Aleya Sultana and Ors. vs DLF Southern Homes Pvt. Ltd. & ors. (2020) 16 SCC 512, wherein it was held that failure of the developer to comply with the contractual obligation to provide the flat to a flat purchaser within the contractually stipulated period, amounts to deficiency. As per  order in case of Kolkata West international City Pvt. Ltd. vs Devasis (2020) 18 SCC 613, a buyer can be expected to wait for possession for a reasonable period but not an indefinite period.
  • The contention of the Opposite Party that Mr. Naresh is not a consumer was rejected, as no evidence was produced to corroborate the same. 
  • Perusal of the evidence showed that there was no blanket order of the NGT to stop construction activities. The direction to stop construction activities was only where the construction was being carried out in violation of the MOEF Guidelines 2010. No material was presented by the Opposite Party to know the exact nature of ban on construction activity under the NGT’s order and the period for which such ban was in force. 
  • The bench remarked that the Opposite Party cannot be allowed to reap benefits of his own wrongdoing of non-compliance. 

In light of the aforementioned discussion, the Opposite Party was ordered to refund the amount given by the Complainant along with compensation in the form of simple interest at 9% per annum from the date of each payment till the date of refund.

Similar cases decided by Hon’ble SC in similar matters 

  • DLF Universal Ltd and Another Versus Capital Greens Flat Buyers Association (SC) Civil Appeal No’s 3864-3889 of 2020
  • December 14, 2020

Facts: There was a substantial delay on the part of the developer in handing over possession of the apartments. OP took plea of force majeure conditions.

  1. Delay in the approval of building plans.
  2. Issuance of stop work orders in Covid situation. 
  3. The buyers of the flat received exit offers twice. When the developer learned that the delay had gone over the agreed time frame of 36 months, he offered the buyers refunds of the purchase price plus interest at a rate of 9% per year. 
  4. 45% of the flat buyers in the project have sold away their flats.
  5. The flat buyers have the benefit of an appreciation in the capital value of the apartments purchased.
  6.  The developer has extended the benefit of timely payment and goodwill rebates to the flat purchasers.

Supreme Court held

  • On all counts—non-approval and a directive to halt work—the force majeure clause is unacceptable. The builder should have anticipated the possibility of rejection before starting this project. The state’s order to halt building was made in response to accidents that occurred due to safety carelessness. This resulted from inadequate safety precautions and poor building practises.  
  • Mere offer to exit option with interest at 9% would not disentitle the flat purchasers from claiming compensation.

In view of the above discussions it is clear that Apex Court reiterates its stand that builders are to bear the consequences for the delays caused due to their own mismanagements and if any order by any courts are passed subsequently, that cannot be treated as force majeure conditions.

The concept of “deficiency in service” under the Consumer Protection Act, 1986 must be distinguished from the criminal or tortious acts.

It is often noticed that complainants using words cheating, fraud or likewise words often used in criminal offences while complaining against financial institutes for deficiency in services. In return, banks and financial institutes also escape from their liability and suggest the consumer to file an FIR when the fraud if any is against bank or financial institute and not against consumer when the bank is the custodian for consumer’s money. Consumers can register complaints against banks for poor service, and the banks are responsible for looking into any fraud that occurred. But disputes over serious allegations of fraud or deceit are outside the purview of consumer courts.

The Chairman & Managing Director, City Union Bank Ltd. & Anr. Versus R. Chandramohan Civil Appeal No. 7289 of 2009 SC

Decided on 27.03.2023

Supreme Court reiterated in a case of The Chairman & Managing Director, City Union Bank Ltd. & Anr. Vs R. Chandramohan that the concept of “deficiency in service” under the Consumer Protection Act, 1986 must be distinguished from the criminal or tortious acts.

“The proceedings before the Commission being summary in nature, the complaints involving highly disputed questions of facts or the cases involving tortious acts or criminality like fraud or cheating, could not be decided by the Forum/Commission under the said Act. The “deficiency in service”, as well settled, has to be distinguished from the criminal acts or tortious acts. There could not be any presumption with regard to the wilful fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance in service, as contemplated in Section 2(1) (g) of the Act. The burden of proving the deficiency in service would always be upon the person alleging it,” a Bench of Justices Ajay Rastogi and Bela Trivedi explained.

“As emerging from the record, some disputes were going on amongst the Directors of the Company and one of the Directors, if allegedly had committed fraud or cheating, the employees of the bank could not be held liable, if they had acted bona fide and followed the due procedure,” the Court said.

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