LIC OF INDIA Vs. KABITA DHAR

JUDGEMENT

(1.) This appeal filed on behalf of the LIC is directed against the order dated 18.8.2005 passed by the Sundergarh-I District Forum directing it to pay to the respondent rupees 1,50,000 under the Double Accident Benefit Scheme within thirty days of receipt of the order, in default to pay interest @ 12% per annum.

(2.) There is no dispute that Narendra Kumar Dhar, husband of the respondent, insured his life with the LIC for rupees 50,000 each under three policies, which were under Double Accident Benefit Scheme. During the continuance of the policies, the life assured died on 12.1.2005 due to an accidental fall in his bathroom. The respondent being the nominee lodged claim with the appellants for payment of the insured amount. The appellants settled the claim and paid the amount in respect of three policies. Instead of paying the additional sum of rupees 1,50,000 under the Double Accident Benefit Scheme, the appellants repudiated it on the plea that the life assured was under influence of liquor at the time of accident and as such it is not payable under condition No. 10.2 (b)(i).

(3.) The District Forum on perusal of the materials available on record held that the appellant failed to establish that the life assured was under the influence of liquor at the time of accident. If found that the cause of death was accidental fall and there is no mention either in the post-mortem report or in the inquiry report that he fell down due to influence of liquor.