GOLDEN MULTI SERVICES CLUB OF GOLDEN TRUST FINANCIAL SERVICES Vs. CHELPURI BIXAPATHI

JUDGEMENT

(1.) This is an appeal preferred by opposite party No.1 against the order of the District Consumer Forum, Warangal, directing it to pay Rs.2,00,000/- with interest and costs.

(2.) The case of the complainant in brief is that his son Chelpuri Mallaiah during his life time took a personal accident insurance policy on 16.07.2005 for the period commencing from 08.08.2005 to 07.08.2010 for a sum of Rs.2,00,000/- While so, he died on 22.09.2005 due to snake bite for which a case in Crime No.176/2005 was registered under Sec.174 Cr.P.C. The Post Mortem examination was conducted at Government Hospital, Narsampet, and the doctor had opined that the death was due to snake bite. When claim was made, it was repudiated on the ground that his death was not due to snake bite. On that the complaint was filed claiming Rs.2,00,000/- towards policy amount and Rs.10,000/- towards damages.

(3.) The appellant/opposite party No.1 resisted the case. It alleged that the policy was issued covering the risk of assured. However, it was only a facilitator. After receipt of intimation, the papers were submitted to the Insurance Company, which in turn repudiated the policy. There was no deficiency of service on its part and therefore prayed for dismissal of the complaint with costs.