Page 52 - Insurance Times June 2024

'Go, hang self' isn't abetment to suicide: loss was 37,28,168, out of which the value of the salvage

HC was 7,71,345, resulting in a net loss of Rs. 29,56,823.
Karnataka high court has held that the mere utterance of Since the claim was not settled, a notice was issued. The
insurer then sent a letter on April 10, 2012, stating that
"go and hang yourself" can't be construed as abetment to the claim had been rejected based on the survey report
suicide, acquitting an accused who vented out his ire at a that the loss was not covered under the policy. Even though
priest for having an illicit affair with his wife.
the insured asked for a copy of the report. It was not fur-
"What is required is an intentional mindset of the accused nished.
which would be mens rea (intention of wrongdoing)," Jus- The insured filed a complaint before the Aurangabad Bench
tice M Nagaprasanna said. of the Maharashtra State Consumer Commission. The in-
A Udupi resident was accused of abetting the suicide of a surer contested the case, contending that the claim was
school principal and junior priest of a parish who ended his not payable as the fire had occurred due to "spontaneous
life on Oct 11, 2019. combustion", which was not covered by the policy. The in-
"If the facts in the case at hand are considered, on the sured argued that the reason for the fire was incorrect. The
touchstone of the principles laid down by SC, what would fire report and the police investigation had recorded the
unmistakably emerge is that the petitioner - the husband cause of the fire to be a short circuit.
of the woman with whom the deceased priest had certain The State Commission went by the survey report and dis-
relationship - had blurted out his anger and uttered the missed the complaint. Sanjay Foods appealed against the
words 'go and hang yourself'. This can't become abetment order, contending that the report of the surveyor was in-
to suicide," the court noted. correct and contradictory to the report of the fire depart-
ment and the police investigation. The insured also pointed
Basic fire police doesn't cover self-igni- out that the surveyor had stated that there was no smoke
tion or fumes, which was incorrect as eyewitnesses had filed
affidavits stating they had seen smoke and flames.
Sanjay Foods, which had its office in Jalgaon, manufactured The National Commission noted that the evidence showed
oil and oil cakes using cotton seeds purchased from ginning the outer and upper layer of the stock of cotton seeds was
and pressing units. It obtained a Standard Fire and Special not affected, while the inner layer had turned dark brown.
Perils Policy from United India Insurance, valid from March The Commission observed that this occurs due to the self-
6, 2011, to March 5, 2012. The policy covered the building heating property of cotton seed due to humidity, which is
for Rs 95 lakh; plant, machinery, and accessories for Rs 40 known to reach a high temperature leading to ignition and
lakh; and stock for Rs 2 crore. fire, a phenomenon termed as spontaneous combustion. The

During the policy's tenure, on June 4, 2011, a sudden fire Commission further observed that even the electric wiring
broke out in the factory. It was controlled with the help of above the stock was not affected, and the colour of the walls
the fire brigade. A first information report (FIR) was imme- and ceiling was also intact, which established that there was
diately lodged with Maharashtra the Industrial Develop- no short circuit. Hence, the Commission concluded that the
ment Corporation (MIDC) Police Station, and the insurer surveyor had rightly concluded the loss to be due to sponta-
was also informed. A claim was lodged stating that the total neous combustion and not due to a short circuit.

48 June 2024 The Insurance Times