UNITED INDIA INSURANCE COMPANY LIMITED Vs. PRABHAVATHI
LAWS(KERCDRC)-2010-6-4
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on June 05,2010

UNITED INDIA INSURANCE COMPANY LIMITED Appellant
VERSUS
PRABHAVATHI Respondents

JUDGEMENT

- (1.) THE appellants are the opposite parties/United India Insurance Company Ltd. in OP 318/03 in the file of CDRF, Kasaragod. The appellants are under orders to pay the assured sum of Rs. 1 lakh to the complainants.
(2.) THE case of the complainants who are the LRs. of the deceased assured is that the assured died while running behind a cow. According to them the deceased felt chest pain while running and fell down. He was feeding the cow in the garden when it ran away. There was an Insurance coverage under Kamadhenu Insurance Scheme with coverage with respect to accidental death to the members of the family of the owner of the cow. The coverage was rupees one lakh for death due to accident. It is the case of the complainants that the deceased was immediately taken to Kasaragod. Taluk Hospital where from the doctor referred him to District Hospital, Kasaragod. But on the way he died. The claim was repudiated.
(3.) THE opposite parties have contended that the death in the instant case was not on account of any accident. It is also pointed out that claim was made belatedly. The claim should have been made within 14 days from the date of the incident. The alleged death was on 31.1.2003.Only a registered notice was received on 29.4.2003. It is contended that the case, that the deceased ran behind the cow, etc. is a cooked up story. The evidence adduced consisted of the testimony of PWs 1 and 2, DWs 1 and 2, Exts. A1 to A7 and B1 to B5.;


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