S.C.VYAS,PRESIDENT - (1.) THIS is an appeal filed by unsuccessful Life Insurance Corporation of India who has been ordered to pay Rs. 51,000 along with interest @ 9% p.a. to the complainant as accidental benefit on account of death of her husband in a road accident, vide order dated 10.8.2007 passed in complaint case No. 31/06 by District Consumer Disputes Redressal Forum, Kanker (hereinafter called "District Forum" for short).
(2.) IT is not in dispute that deceased Gurbind Singh Sori was having insurance policy issued by the appellant on 6.1.2002 and was in force up to 6.2.2011. In the meantime he died in a road accident on 2.6.2007. Merg intimation was given to the concerning police and merg inquiry was conducted. Death intimation was given to the Insurance Company and claim for sum assured as well as accidental benefit was preferred. Sum assured was paid by the Insurance Company but the accidental benefit was denied on the ground that deceased was not having a driving licence at the time of accident and so complainant is not entitled for any accidental benefit.
(3.) LEARNED District Forum after considering the material placed before it passed an award in favour of the complainant which is under challenge before this Commission, by way of this appeal. Learned Counsel for the appellant Mr. Shrivastava has argued only one point. He submit that driving licence of the deceased was demanded from the widow of the deceased Smt. Seeta Bai Sori complainant, but the same was not produced in the office of the Insurance Company and on account of this failure it was presumed by the Insurance Company that the deceased was not having any driving licence and, therefore, accidental benefit was denied. Learned Counsel submitted that as no driving licence was produced, therefore there was breach of term 10(b)(iv) of the insurance policy and therefore complainant was not entitled to have any claim of accidental benefit.;