- (1.)THE appellant is the 2nd opposite party/National Insurance Company in OP:362/01 in the file of CDRF, Alappuzha. The appellant is under orders to pay a sum of Rs. 50,000 with interest at 12% from the date of complaint and also to pay Rs. 500 as cost.
(2.)THE case of the complainants who are the LRs of the deceased/insured is that the insured was murdered on 11.1.2001 and hence entitled for the policy claim. The Janatha Insurance Policy taken through the 1st opposite party/Malsya fed was repudiated on the ground that the incident occurred when the insured person was committing breach of law with criminal intent which is an exception as per the policy.
(3.)THE opposite parties/appellants have contended that the insured was murdered by one Anu following enemity on account of the act of the deceased in molesting sister of the accused in public road. Hence the death of the insured was not an accident. The company is not liable to pay the amount.
The evidence adduced consisted of the testimony of PW1, RW1, Exts.P1 to P7 and Exts. B1 to B3.