- (1.) Cm No. 861-LPA of 2016 Delay condoned. C.M. stands allowed. CM No. 862-LPA of 2016 Allowed as prayed for. LPA No. 404 of 2016 The appellant-Life Insurance Corporation of India has filed the instant appeal against the judgment of learned Single Judge dated 14.12.2005.
(2.) They are contesting the claim of the insured to the benefits of policy by relying on Clause 10(4) of the policy which can be extracted here below :- "10(4). The disability above referred to must be disability which is the result of an accident and must be total and permanent and such that there is neither then nor at any time thereafter any work, occupation, or profession that the Life Assured can every sufficiently do or follow to earn or obtain any wages, compensation or profit. Accidental injuries which independently of all other causes and within 180 days from the happening of such accident, result in irrecoverable loss, of the entire sight of both eyes or in the amputation of both hands at or above the wrist, or in the amputation of both the feet at or above the ankle or in the amputation of one hand at or above the wrist and one foot at or above the ankle, shall also be deemed to constitute such disability."
(3.) It is not disputed that the insured suffered an accident leading to amputation of one of his legs and if the policy had been honoured the injured would have been entitled to a claim of Rs. 1 lakh (the insured amount) coupled with another one lakh rupees on account of the disability staggered over a period of time.;