BRANCH MANAGER LIC OF INDIA Vs. L.THANKAMONY AMMA

JUDGEMENT

(1.) The appellants are the opposite parties/insurance company in OP. 253/02 in the file of CDFR, Kollam. The appellants are under orders to pay the sum assured for accidental benefit on the policies with 9% future interest. It is the case of the appellant that of the two policies involved Ext. P2 policy for a sum of Rs. 10,000/ - is not having the accident benefit coverage. Hence the order of the forum directing to pay accident benefit of Ext. P2 policy is evidently erroneous and hence the direction is liable to be set aside.

(2.) It is the case of the complainant, the wife of the deceased assured that her husband had an accidental death and hence the claim for accidental benefit. The opposite party had paid the assured sum under both the policies i.e. Rs. 10,000/ - and Rs. 25,000 but repudiated accident benefit under Ext. P1 policy contending that the death was suicide and hence cannot be treated as accident. PW1 the complainant has testified that the death was accidental. She has stated that the well in which the dead body found was not having any embankment (matter in other language) and that it was only on the next day that the deceased was found in the well situated in the compound. The appellant has relied on Ext. D2 copy of FIR and FIS wherein it its mentioned that it is suspected that the deceased committed suicide as he quarrelled with his wife over his drinking habit. Ext. P5 final report relied on by the complainant is to the effect that it was an accidental death. There is no case that the well situated in the compound in which the dead body was found had . In the circumstances we find (matter in other language) enbankment that the decision arrived at by the forum is not to be interfered with in the absence of any patent illegality and as the finding pertains to the realm of appreciation of evidence.

(3.) All the same it is made clear that the appellant will be liable to pay the accident benefit only with respect to Ext. P1 policy. The appellant will pay Rs. 25,000/ - the sum due towards accident benefit vide Ex. P1 policy with 9% future interest as ordered by the forum and cost of Rs. 1000/ - within 3 months from the date of receipt to this order failing which the amount would carry interest at 12%. The appeal is disposed of accordingly.