- (1.) THIS appeal under Section 15 of the Consumer Protection Act, 1986 is directed against order dated 19.7.2001 rendered in Complaint No. 1044 of 1997 by the learned Consumer Disputes Redressal Forum, Ahmedabad City directing the appellant (original opponent) to pay total amount payable to the complainant as per the terms and conditions of the insurance policy No. 832471906 along with interest @ 12% per annum till realisation within 30 days from the receipt of the order. The opponent is further directed to give all the benefits as per the terms and conditions of the said policy to complainant No. 1.
(2.) COPIES of the complaint, affidavit filed on behalf of the opponent Insurance Company and other documents forming part of the record before the learned Forum have been placed before us for consideration.
(3.) IT is suggested that Narendra Kantilal Modi, (deceased husband of complainant No. 1 and father of minor complainant Nos. 2 to 4) filled in proposal form on 9.7.1996 for getting insurance policy with accident benefit for sum assured of Rs. 1,00,000 and paid Rs. 3,388 by way of premium. Narendra Kantilal Modi died because of electric shock on 14.7.1996. The complainants i.e., widow of deceased Kantilal lodged a claim for getting benefits of the insurance for which proposal form was filled in by her deceased husband on 9.7.1996. The claim of the complainants came to be rejected stating that the contract was not concluded prior to the death of deceased proposer Kantilal Modi on 15.7.1996. The say of the appellant (original opponent) LIC is that the proposal form filled in by deceased Narendra Kantilal Modi on 9.7.1996 was accepted on 15.7.1996 whereas, he died on 14.7.1996 i.e., before the acceptance of the proposal by the Insurance Company and there was no concluded contract prior to the death of deceased Narendra Kantilal Modi and, therefore, the contract of insurance did not come into existence. It is further the say of the Insurance Company that the amount of Rs. 3,388 paid by cheque on 9.7.1996 along with the proposal form was kept as deposit/suspense and that the same was not accepted by way of premium and that the insurance policy No. 832471906 though prepared was neither allotted nor communicated to late Narendra Kantilal Modi before 14.7.1996 and, therefore, the claim has been repudiated by the insurer. It is submitted by Mr. C.R. Gandhi, learned Advocate for the appellant that the proposal form filled in by deceased Narendra Kantilal Modi was not accepted till the death of Narendra Kantilal Modi on 14.7.1996 and, that the proposal form was accepted only on 15.7.1996 and that there was no concluded contract before the death of Narendra Kantilal Modi on 14.7.1996 as the proposal was accepted only on 15.7.1996 after the death of Narendra Kantilal Modi on 14.7.1996. It is further submitted by Mr. Gandhi that the insurer offered to pay Rs. 1,00,000 ex -gratia as the death of deceased Narendra Kantilal was unnatural/accidental and that has nothing to do with the contract of insurance and that the offer of Rs. 1,00,000 was only a gesture of sympathy to the claimant.;