LIFE INSURANCE CORPORATION OF INDIA Vs. SHEELA DEVI

JUDGEMENT

(1.) Whether Life Insurance is within the ambit of the definition of "service" as laid down in Clause (o) of sub-Section 1 of Sec.2 of the Consumer Protection Act, 1986 ? Whether the contract of Life Insurance is one of personal service and, therefore, excluded from the definition aforesaid? These are the two questions inter-alia sought to be raised in this appeal.

(2.) The facts giving rise to the question aforesaid are not in serious dispute. Sh. Jaibir Singh, the deceased, husband of the respondent Sh. Sheela Devi had got himself insured or the 11th of April, 1988 for a sum of Rs.50,000/- which policy (Annexure P- A) was to mture on the 11th of April, 1993. The said Jaibir Singh on the material date of 10th of April, 1989 was working as a Steno typist in a Cooperative Bank when he got a severe headache for which he took some Analgin tablets, which caused an acute physical reaction. He was removed to the Civil Hospital, Hisar but despite medical attention he expired there. His body was subjected to postmortem and even the viscera was sent to Forensic Science Laboratory, Maduwan, Karnal for ascertaining the cause of death. On receipt of the same the concerned doctor opined that he had died due to reaction to some drug. The local police had also intervened and concluded on a investigation that he had died due to such reaction.

(3.) The complainant Smt. Sheela Devi filed her claim with the appellant Corporation who instead of releasing the amount in her favour rejected the same on the 22nd of August, 1990.