- (1.) THIS order will govern disposal of appeal No. 105/08 preferred against the order dated 31.1.2008 in Complaint Case No. 45/07 and also Appeal No. 106/08 preferred against the order dated 28.1.2008 in Complaint Case No. 111/07 passed by District Consumer Disputes Redressal Forum, Durg (hereinafter called the "District Forum" for convenience) as the question of law involved in both these appeals are common and both the appeals have argued analogously at the same time, so are being decided by this common order.
(2.) THOUGH , some facts of both cases were different but broadly the facts of both the cases were to the effect that the husband of the complainant of both cases were insured by Life Insurance Corporation of India (hereinafter the "LIC" for short) under insurance policy. Both were driving vehicle and met with road accident and ultimately died in both cases. The pleas of the Insurance Company was that the decreased insured of both cases were driving the vehicle under influence of intoxication liquor and therefore the LIC is not liable to pay the sum as claimed. This plea had not prevailed before the District Forum and that is how the LIC has come up with these appeals before this Commission.
(3.) THE only ground under which the award of the District Forum has been challenged before this Commission is that the deceased was driving the vehicle under state of intoxication as per finding recorded by the doctor who conducted first medical examination of the deceased immediately after the motor accident on 14.9.2005 at about 10 p.m. in Chandulal Chandrakar Memorial Hospital, Bhilai. It has been argued by learned Counsel for LIC that as per Clause 10(b)(i)of insurance policy if the life assured is under influence of intoxicating liquor, drug or narcotic then the Corporation is not liable to pay additional sum. In this regard he drawn the attention of this Commission towards the original policy document. To counter these arguments learned Counsel for the respondent submitted that there is nothing on record to show that life assured was under the influence of intoxication substance like liquor or narcotic drug. He submitted that in the post -mortem report of the deceased there is not even a single word to suggest that deceased was driving the vehicle under the influence of any intoxicating substance or narcotic drugs.;