NATIONAL INSURANCE COMPANY LTD. Vs. SUMAN KANWAR

JUDGEMENT

(1.) Challenge in this revision is to the order dated 17.4.2008 of Consumer Disputes Redressal Commission Rajasthan, Jaipur dismissing appeal against the order dated 30.6.2003 of a District Forum whereby petitioner Insurance Co. was directed to pay amount of Rs.1,00,000 along -with interest @ 6% p.a. under Personal Accident Insurance Policy to the respondent.

(2.) Madan Singh, husband of the respondent complainant was employed as a Constable in D Company of RSE III Battalian, Nagaur. Petitioner/opposite party had issued Personal Accident Insurance Policy in the name of Director General of Police Rajasthan, Jaipur for the benefit of the categories of employees mentioned in the policy. Madan Singh who was covered by the policy, fell from the roof of RAC building at Nagaur at around 11.00 p.m. on 19.2.1999. He was taken to Government Hospital, Nagaur and from there he was shifted to PBM Hospital, Bikaner where he died on 21.2.1999. Claim made under the policy was repudiated by the Insurance Co. under condition No. 5 (b) on the ground of head injury having occurred due to consumption of liquor. Complaint filed by the respondent was contested by the Insurance Co. on the ground on which claim was repudiated.

(3.) Copy of the report dated 22.6.1999 of J.P. Bhagotia, Investigator is Annexure P4. Copies of the report of State Forensic Science Laboratory Rajasthan dated 22.1.2000 and the letter dated 14.11.2000 sent by Dr. S.R. Kochar, Assistant Prof. EMJ, S.M.S. Medical College Hospital, Jaipur to the SHO, PS Sadar, Bikaner giving the cause of death of Madan Singh are placed on the file. Relevant portion of Investigators report reads thus: There can be two causes of his falling from the roof of RAC building. One is that he had the effect of drinks and could not keep his balance and he fell down from the roof while urinating or spitting. The second cause could be that he was in sleep and fell down by chance. The Medical Jurist, Doctor Shiv Kumar Kochar could not give in his opinion about the cause of death and recorded that the final opinion about the cause of death will be expressed only after receiving of Chemical Analysis and histopathological examination report of relevant viscera which are preserved sealed and handed over to concerned police person. It is, therefore, amply clear that the cause of death would be decided when the report of the viscera is received. Hence, the fate of the claim may also be decided when the cause of death is known.