For a rear passenger wearing a seat belt or not, makes no case for denial of the claim, said an official from another general insurance firm. It is a mandatory road safety rule in India for the back seat passengers to wear their seat belts.

New Delhi: The death of former Tata group chairman Cyrus Mistry in a road
accident has ignited a debate over the eligibility of insurance claims in accident
cases but industry players say the very purpose of buying insurance is to hedge
against risk, whether due to human error or otherwise. Human error or violation of
rules is unlikely to vitiate an insurance policy and accidental death claims will
continue to be honoured albeit in exceptional cases the compensation amount
may be lowered

Insurance documents per se do not list out acts, such as not wearing a seat belt
that could impact payment of compensation in case of death of occupants other
than the driver, they said

However, most policies mention "any accidental loss or damage suffered whilst
the insured or any person driving the vehicle with the knowledge and consent of
the insured is under the influence of intoxicating liquor or drugs”, the
compensation amount may be limited and would vary from car make and the kind
of policy taken

It is to be noted that the former Tata Sons Chairman and a friend of his died in a
tragic road accident on Sunday afternoon while driving back to Mumbai from
Ahmedabad along with two other persons, who have sustained injuries

As per the preliminary investigations by the state police, the deceased were not
wearing seat belts and termed over-speeding and an "error of judgement” by the
driver to have led to the accident.

"Majority of the accidents happen because of human negligence. We are here
because such human errors happen, if such human errors didn't happen, then
very less number of accidents will happen. One buys a policy which actually
covers his/her negligence

"But our emphasis is always on safety. We keep on educating the customers
about their safety and sensitise them through sustained campaigns because an
insurance cover can only compensate for the financial loss but not for the loss of
human life,” Sanjay Datta, Chief - Underwriting & Claims, ICICI Lombard General
Insurance Company, said

Insurance companies cover the claims arising out of human error or negligence,
for example, one may even sustain an injury while cooking at home or there may
be a fire incident or something like that, he added

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