A.K.ANNAMALAI, J. - (1.) The opposite party is the appellant.
(2.) Complainant filed a complaint against the opposite party claiming for direction to pay the insurance amount of Rs.1,00,000/- being the insured amount of his deceased father Perumal with 12% interest and Rs.10,000/- as compensation for mental agony and Rs.1,000/- as costs.
(3.) The 1st complainant filed a complaint through the 2nd complainant and the complainant?s father insured with the opposite party under Janatha Personal Accident Policy for Rs.1,00,000/- for the period from 31.5.02 to 4.1.09 by paying the premium amount of Rs.150/-. The father died on 18.6.02 due to an accident by mini lorry. Immediately he was taken to Annamalai Nagar Hospital where he died. A case was registered on 19.6.02 at Bhuvanagiri Police Station in Crime No.226/2002 on the basis of complaint given by complainant?s brother Natarajan. When the insurance amount was claimed with relevant documents opposite party repudiated the claim on 4.7.03 stating that the insurer Perumal died due to heavy intoxication of Alcohol for which no claim could be given under the policy condition and thereby the complainant have come forward with this complaint claiming the reliefs as above.;