MANAGER M/S. ORIENTAL INSURANCE CO. LTD Vs. TMT.SIVAKAMI
LAWS(TNCDRC)-2008-4-9
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on April 08,2008

Appellant
VERSUS
Respondents

JUDGEMENT

K.SAMPATH, J. - (1.) The 5th Opposite party in COP No.56/2001 on the file of the District Consumer Disputes Redressal Forum, Nagapattinam, is the appellant herein. The case of the complainant was as follows :- One Thangam, whose wife is the complainant, was a fisherman and a member of the Fishermens Co-operative Society, Kameswaram. The Society had taken a Personal Accident Policy for its members covering life risk, death occurred due to accident while fishing. Thangam along with two others went to sea on 24/1/1997 in a motorised catamaran when, according to the complainant, fell down and died. His body was brought to the shore, post-mortem was done on 30/1/1997 at Government Headquarters Hospital, Nagapattinam. The complainant submitted a claim for insurance amount in a sum of Rs.1,50,000/-. The 5th Opposite party repudiated the claim on the ground that the Group Accident Policy covered only death due to accident and in the instant case, in the post-mortem report it was stated that the death occurred due to natural causes. In these circumstances, the complainant filed her complaint.
(2.) The other opposite parties viz., opposite parties 1 to 4 and 6 resisted the complaint denying the various allegations. It is not necessary to go deep into the respective contentions of those opposite parties.
(3.) The District Forum, by order dated 1/5/2004 allowed the complaint and directed the 5th opposite party to pay the amount due under the policy. It is as against that the present appeal has been filed.;


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