NEW INDIA ASSURANCE COMPANY LTD Vs. C.P.MUHAMMED

JUDGEMENT

(1.) THE above appeal is preferred from the order dated 24.11.2005 passed by CDRF, Kannur in OP 250/02. The complaint in the aforesaid original petition was filed by the respondent herein as complainant against the appellants as opposite parties claiming the insurance claim under Ext. A1 Pravasi Suraksha Social Welfare Scheme. The complainant claimed a sum of Rs. 10,00,000 by way of the insurance claim. But opposite party/Insurance Company repudiated the claim by relying on the clause attached to the Pravasi Suraksha Social Welfare Scheme. But the Forum below accepted the case of the complainant and thereby directed the opposite parties (Insurance Company) to pay the insurance amount of Rs. 10,00,000 to the complainant with cost of Rs. 1000. Aggrieved by the said order the present appeal is preferred by the Insurance Company.

(2.) WE heard the Counsel for the appellants/opposite parties and the respondent/complainant. The learned Counsel for the appellants submitted his arguments based on the grounds urged in the memorandum of the present appeal. He also relied on the conditions stipulated in Ext. A1 Pravasi Suraksha policy and conceded the fact that the respondent/complainant is only entitled to get the benefit as provided under Clause 1(3) of the policy, i.e. 50% of the capital sum insured. On the other hand, the learned Counsel for the respondent/complainant supported the findings and conclusions of the Forum below and requested for dismissal of the present appeal.

(3.) THE points that arise for consideration are: (1) Whether the appellants/opposite parties can be justified in repudiating the insurance claim put forward by the respondent/complainant by virtue of Ext. A1 Pravasi Suraksha policy? (2) Whether the Forum below can be justified in directing the opposite parties to pay the insurance amount of Rs. 10,00,000 to the complainant? Points Nos. 1 and 2: