M.THANIKACHALAM J. - (1.) The third opposite party is the appellant.
(2.) The complainant/first respondents husband by name Ponraj, was the member of the first opposite partys Society, which is controlled by the second opposite party. As the member of the society, he had also joined in Janatha Personal Accident Insurance Policy, by the paying the necessary premium, under which the sum assured was Rs.1 lakh.
(3.) Ponraj, along with others, had been to the sea for fishing, and at that time, a cargo ship dashed against the boat, in which the complainants husband was fishing, resulting inmates thrown away into the sea. In the said accident, Ponraj and Rajendraprabhu, drowned, died, and the body was unable to be recovered, presuming that they should have died. Based upon the policy, when a claim was made by the legal heir, viz. wife, repudiated by the opposite party, on the ground, missing of person is not covered under the policy, which is unjustifiable, and illegal, thereby the opposite parties have committed deficiency, in not honouring the policy, by paying the sum assured. Therefore the complainant is entitled to not only the sum of Rs.1 lakh, under the policy, with interest, but also further a sum of Rs.10000/-, as compensation.;