BRANCH MANAGER Vs. EROTHU TULASAMMA

JUDGEMENT

(1.) This is an appeal preferred by the opposite parties, the Insurance Company, against the order of the District Consumer Forum, Srikakalum directing them to pay the assured sum together with bonus with interest at 12% per annum from 30.03.2001, the date of death of the assured, till the date of realization, Rs.5,000/- towards compensation and Rs.1,500/- towards litigation expenses and costs.

(2.) The case of the complainant in brief is that her husband Dharma Rao had taken an insurance policy for Rs.50,000/- commencing from 28.03.2000. While so, on 30.03.2001 he committed suicide. Since it was after expiry of one year, she was entitled to the death benefits together with compensation of Rs.10,000/ and costs.

(3.) The Insurance Company resisted the case. While admitting the issuance of policy, it alleged that since the life assured died on 30.03.2020 the death will not be covered under the policy, under the terms the death should not occur before one year from the date of policy. The assured had paid the premium amount on 30.03.2000 evidenced under Ex.A.1 receipt. He died by committing suicide on 30.03.2001 viz within 11 months 29 days after commencement of the policy and therefore, the Insurance Company was not liable to pay compensation. Therefore it prayed for dismissal of the complaint with costs.