- (1.) THE insurance company has come up before this Commission by way of this appeal challenging the order dated 09.05.12 of District Consumer Disputes Redressal Forum, Raigarh (hereinafter called "District Forum" for short) in complaint case No.138/2010, whereby it has been directed to pay Rs.3,00,000/ - along with interest @ 9% p.a. from the date of order till the date of payment and also to pay cost of litigation Rs.2,500/ - to the complainant on account of death of insured Rajendra Kumar Gabel in an accident, who was having an insurance policy, issued by the appellant insurance company against accidental death.
(2.) CASE of the complainant before District Forum in nutshell was that husband of the complainant purchased an insurance policy of Rs.3,00,000/ - through Golden Trust Financial Services issued by the appellant against accidental death. The insured died accidentally on account of drowning on 10.11.09. Intimation was given to the appellant insurance company and claim was preferred. Then the insurance company repudiated the claim so the complaint was filed before District Forum.
(3.) THE appellant insurance company contested the complaint case firstly on the ground that the deceased had not died accidental death. He had been a patient of epilepsy and suffered attack of epilepsy at the time of incident and during unconsciousness he fell down in the water and died. This objection was also taken that the appellant insurance company was not having any Branch Office or Agency within jurisdiction of District Forum Raigarh and therefore the District Forum Raigarh was not having jurisdiction to entertain and decide the complaint. The District Forum had not agreed with the defence taken by the appellant insurance company and allowed the complaint by the impugned order.;