- (1.) BY this order dated 1.9.1999 in Complaint No. 10/1999 by District Consumer Disputes Redressal Forum, Raipur (hereinafter called the District Forum for short) dismissing the complaint, is challenged.
(2.) UNDISPUTEDLY the complainant/appellant is the father of deceased insured Shailendra Chauhan. Life Insurance Policy for a period of 15 years was obtained on the life of the insured Shailendra Chauhan for an assured sum of Rs. 1,00,000/ -. The policy covered the risk for the period commencing from 28.4.1993. The insured died in a rail accident on 26.10.1998 at Vidhisha. The complainant/appellant submitted claim form for granting the sum assured with accident benefit. However, the respondent insurer paid to the complainant/appellant Rs. 1,39,300/ - the assured sum with bonus etc. but did not extend accident benefit which was an amount equivalent to the sum assured. The complainant raised grievance for non -payment of accident benefit under the policy.
(3.) THE complaint was resisted by the respondent insurer and an affidavit by Abdul Habeeb, Manager of respondent insurer was filed in which it was stated that policy with accident benefit could not be issued in favour of a minor. It was further stated that sicne the deceased Shailendra Chauhan was minor at the time of issuance of the policy, the complainant, his father and nominee was not entitled to the accident benefit, under the policy. District Forum accepted the contentions as above of the respondent insurer and held that the complainant was not entitled to accident benefit.;