Life is full of uncertainties. To safeguard their loved ones, many people buy life insurance policies, especially term insurance. But when tragedy strikes in the form of accidents — such as someone falling into a river and getting swept away in flood waters — recovering the body becomes a major challenge. And without the body, getting an insurance claim is no easy task.
Let’s understand how families can still receive the insurance amount in such situations.
Insurance Claim When Body Is Not Found – The Challenge
Insurance companies require proof of death to process any life insurance claim. Usually, this comes in the form of:
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Death certificate
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Post-mortem report
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Hospital or police records
But if the body is not recovered, these documents are not available, which creates a legal and financial hurdle for the deceased’s family.
Declaration of Presumed Death
In such cases, the family must follow a legal route to declare the person dead under the Indian Evidence Act, 1872.
Step 1: File a Missing Person Report
Immediately after the incident, lodge an FIR or missing person complaint with the local police station. Clearly mention the place, time, and nature of the incident (e.g., swept away in a river).
Step 2: Gather Eyewitness Statements
Statements from witnesses who saw the person being swept away will help establish the truth. Local police and NDRF/SDRF rescue efforts and reports strengthen the case.
Step 3: Obtain Administrative Reports
Collect reports from district administration, disaster response teams, or local authorities that confirm the incident.
Step 4: Approach the Court
If the body is still not recovered, after police investigation and failed rescue, the family can file a petition in court to declare the person "presumed dead." Under Section 108 of the Indian Evidence Act, a person missing for 7 years can legally be presumed dead — but in the case of accidents or natural calamities, this period can be shortened if strong evidence is provided.
Step 5: Gazette Notification (if required)
In some cases, the declaration of presumed death is published in the official Gazette, making it a valid document for insurance claims.
Documents Required for Insurance Claim
Once the court or local authority declares the person presumed dead, submit the following to the insurance company:
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FIR copy and police investigation report
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Witness affidavits
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Declaration of presumed death (court/administrative)
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Reports from NDRF or SDRF
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Insurance policy documents
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Claimant’s ID and relationship proof
When Will the Insurance Company Release the Funds?
If the company is satisfied with:
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The authenticity of the documents
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The circumstances of death
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The lack of foul play or fraudulent intent
Then the claim is likely to be approved. In cases involving natural disasters or publicly reported accidents, claims are often cleared faster.
