LAWS(HRCDRC)-2009-12-7

LIFE INSURANCE CORPORATION OF INDIA Vs. PURAN SAPRA

Decided On December 24, 2009
LIFE INSURANCE CORPORATION OF INDIA Appellant
V/S
Puran Sapra Respondents

JUDGEMENT

(1.) THIS appeal is preferred against the order dated 21.11.2006 passed by District Consumer Disputes Redressal Forum, Rohtak in complaint No. 387 of 2004, whereby on the complaint of the respondent -complainant following relief was granted:

(2.) ADMITTED facts of the present case are that Smt. Vanita wife of respondent No. 1 (complainant No. 1) and mother of respondent No. 2 (complainant No. 2) along with her husband Puran Sapra -complainant No. 1 had obtained a joint Insurance Policy bearing No. 173485384 of Rs. 50,000 which commenced from 25.4.2003. Unfortunately, Smt. Vanita died on 5.5.2004 due to electric shock. The complainants submitted claim to the opposite parties, however, the same was repudiated vide letter dated 9.11.2004 on the ground that the accident had occurred at a place other than public place for which no F.I.R. was recorded and Post -Mortem was not got conducted and as per Clause 4 -B of the Policy, the complainants are only refund of premiums paid exclusive extra charges (if any) is permissible.

(3.) CHALLENGING the repudiation of their claim, the complainants invoked the jurisdiction of the District Forum seeking direction to the opposite party to pay the insured amount along with all other benefits and Rs. 20,000 on account of mental agony and harassment suffered by them. Upon notice, the opposite party appeared and contested the complaint. In the written statement, it justified the repudiation of complainants claim on the grounds mentioned in the preceding paras of this order and prayed for dismissal of the complaint.