NEW INDIA ASSURANCE CO. LTD Vs. THERASA
LAWS(TNCDRC)-2008-9-5
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on September 22,2008

Appellant
VERSUS
Respondents

JUDGEMENT

- (1.) The above appeal is filed as against the order dt.24.2.2005 passed by the District Forum, Chennai (South) in OP.No.814/2004. The appellant is the opposite party and the respondent is the complainant before District Forum.
(2.) The complaint is filed by raising the contentions as follows: The complainants son late Mr. Jose Philip has insured is life with the opposite party by taking Janata Gramin Personal Accident Policy. The sum assured is for Rs.2 lakhs. The complainant is the nominee of the said policy. On 22.5.2002, when the insured was proceeding to his office in a motorcycle at Annasalai, he was killed by a group of persons in furtherance of unlawful object and gain. The insured died with multiple injuries. The complainant being a nominee, lodged a claim with the opposite party on 5.8.2002. Inspite of the production of all the documents, her claim was not settled. In the meanwhile, the persons who were charged with the murder were acquitted by the Additional Sessions Judge, Poonamallee in SC No.616/2003, vide judgment dt.1.6.2004. Under the said circumstances, the complaint is filed seeking a direction to the opposite party to settle the claim amount with adequate compensation and cost.
(3.) The opposite party resisted the complaint on the ground that the insured is died out of murder and simplicity and it cannot be equated to a death in course of accident. It cannot be considered that the insured is died due to accident arising out of the use of motor vehicle. It is further contended that there is a difference between Murder, which is not an accident and the accident has to be decided with regard to the proximity of the cause of such murder.;


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