LIFE INSURANCE CORPORATION OF INDIA Vs. BONTHA MADHAVI

JUDGEMENT

(1.) This is an appeal filed by the opposite parties, insurance company, assailing the order of the District Forum.

(2.) The facts of the case are briefly as follows:

(3.) The complainant is the wife of the insured, Bontha Ramaiah, who worked as Senior Assistant in U.P.S.Yerragadda, M.P.Tirumalayapalem, Khammam District and died on 5-10-2005 while in service and during his life time obtained a policy bearing No.681765054 for an assured sum of Rs.25,000/- on 14-6-1999 with maturity date being 15-6-2014. The insured also obtained another policy bearing No.686615098 for an assured sum of Rs.1,00,000/- on 13-12-2004 from opposite party No.1 and died on 5-10-2005. After the death of the insured, the complainant preferred a claim along with the relevant documents and the opposite parties postponed the settlement of the claim and on 18-3-2006 sent a letter stating that the insured committed suicide within one year from the date of the policy and that the policy became null and void and therefore repudiated the policy bearing No.686615098. It is the case of the complainant that the death of the insured was normal and that the insurance company have settled one claim and repudiated the other and submitted that there was no criminal case registered about the alleged committing of suicide and no postmortem done. She, therefore, got issued a legal notice on 28-11-2006 demanding the opposite parties to settle the claim under policy No. 686615098 and though they received the notice, they failed to pay the amount. Hence the complaint for a direction to the opposite parties to pay Rs.1,00,000/- towards the claim under policy No. 686615098 together with damages of Rs.50,000/-.