MATTIPATI MANGAMMA Vs. BRANCH MANAGER, LIFE INSURANCE CORPORATION OF INDIA

JUDGEMENT

(1.) The appellant is the unsuccessful complainant in CC 394/2007 before the District Forum, Prakasam District at Ongole and the appeal is filed questioning the legality and propriety of the order in dismissing the claim filed for recovery of the Double Insurance Benefit which was denied to her by the opposite party.

(2.) The facts of the case are that the complainants husband had obtained policy from the opposite party which is an accidental benefit policy, i.e., Double Benefit Scheme. The complainants husband, by name, Khajavali, died on 24.09.2005 at Kondepi in a lorry accident. The concerned police registered a case as Cr. No. 31/2005 U/s. 304-A IPC. The complainant is a nominee to the policy and on the death of her husband, the complainant submitted her claim to the opposite party but the opposite party sent a sum of Rs.1,04,000/- on 16.11.2006 treating it as ordinary policy denying Double Benefit scheme. The complainant is entitled for a sum of Rs.2 lakhs and non-payment of the said amount amounts to deficiency in service.

(3.) The opposite party in its version had taken the stand that while processing the claim, a police report and post-mortem were verified and as well the driving licence. From the post-mortem report it is found that the deceased was under the influence of intoxication. The policy conditions has stipulated that the accidental benefit cannot be granted in case the person dies by consuming alcohol.