MANAGER M/S. ORIENTAL INSURANCE CO. LTD Vs. TMT.SIVAKAMI
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
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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
(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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