LIFE INSURANCE CORPORATION OF INDIA Vs. BALKAR SINGH

JUDGEMENT

(1.) CHALLENGE in this appeal is to the order dated 16.10.2003 passed by the District Consumer Disputes Redressal Forum, Kaithal whereby while accepting the complaint of the respondent -complainant, following relief was granted:

(2.) THE facts giving rise to the present appeal are that Avtar Singh son of the respondent (hereinafter referred to as the complainant) had obtained a Life Insurance Policy No. 171527270 dated 15.5.1997 of Rs. 50,000. Unfortunately, the life assured Avtar Singh died on 5th June, 2000 while trying to cross an International Border. Necessary information was given to the appellant -opposite party. The opposite party paid insured amount of Rs. 50,000 to the complainant, but repudiated the claim submitted by the respondent -complainant with respect to double accident benefit, on the ground that the life insured had violated the terms and conditions of the Insurance Policy and as such no double accidental benefit was payable by the opposite party to the complainant. Forced by these circumstances, the complainant invoked the jurisdiction of the District Forum by filing complaint.

(3.) UPON notice, the appellant -opposite party contested the complaint. In the written statement, it justified the repudiation of complainant s claim with respect to double accident benefit and took the plea that the complainant had failed to provide the copies of F.I.R. P.I.R. and Post -mortem Report to consider the accidental benefit. It was further stated that the life assured at the time of death had adopted illegal means in crossing the border of neighbouring European countries and as per policy condition 10(b)(iv), Accident Benefit Claim was not payable as the life assured had committed breach of policy. Justifying the repudiation of complainant s claim, the opposite party denied any kind of deficiency of service and prayed for dismissal of the complaint.