NATIONAL INSURANCE CO LTD Vs. ASHA JAMDAR PRASAD
MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
NATIONAL INSURANCE CO LTD
Asha Jamdar Prasad
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(1.) THIS appeal filed by the appellant/National Insurance Co. Ltd. is directed against the order dated 31.10.2007 passed by South Mumbai District Consumer Forum.
(2.) WE heard Mr. Ramesh Kelkar, Advocate for the appellant/Insurance Company and Mrs. Anita Marathe, Advocate for the respondent/org. complainant.
(3.) THERE is delay of 22 days in filing appeal. Therefore, application for condonation of delay is filed. Delay is of few days. The delay is not intentional or deliberate. We are, therefore, inclined to condone the delay. Delay is accordingly condoned.
Capt. Jamadar Prasad had taken a 'Group Janata Personal Accident Insurance Policy' for Rs. 10 lakh for period of 15 years i.e., from 23.10.2002 to 22.11.2017. Capt. Prasad met with an accident on 3.6.2003 while climbing down from the ladder of the ship. He sustained multiple head injuries and was hospitalized at Mumbai Port Trust Hospital and thereafter at K.E.M. Hospital and at last at the Bombay Hospital, where injured died on 11.7.2003. The complainant/widow of Capt. Prasad lodged claim with the Insurance Company. The Insurance Company repudiated the claim on the basis of policy condition No. 1, which runs as under:
"Upon the happening of any event which may give rise to a claim under the policy this insured shall forthwith give notice hereof to the issuing office i.e., Golden Multi Services Club, unless reasonable cause is shown the insured should within one calendar month after the event which may give rise to a claim under the policy given written notice to the company with full particulars of the claim.";
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