ORIENTAL INSURANCE COMPANY LIMITED Vs. PAWAN

JUDGEMENT

(1.) CASE called several times since morning but none put in appearance on behalf of the respondent -complainant though the case is fixed for arguments. It is already 12.55 p.m. This appeal relates to the year 2007. Heavy pendency of appeals/complaints as well as non -cooperative attitude of the parties/their Counsel is the reason for heavy cause list. Under these circumstances we do not think it appropriate to adjourn this appeal indefinitely and therefore we proceed to decide the same after hearing the learned Counsel for the appellant -opposite parties and going through the case file.

(2.) THIS appeal has been preferred against the order dated 28.8.2007 passed by District Consumer Forum, Panipat in complaint No, 108/2006 which relates to the insurable benefits in respect of the Insurance Policy known as 'Nagrik Suraksha Policy' obtained by Poonam wife of the respondent -complainant (now deceased, hereinafter referred to as the Life Assured).

(3.) UNDISPUTED facts of the present case are that Poonam -lif e assured had obtained a 'Nagrik Suraksha Policy' from the appellants -opposite parties for the period 23.2.2006 to 22.2.2007. The life assured died on 22.5.2006 due to consuming some poisonous substance. F.I.R. No. 78 dated 23.5.2006 under Sections 304 -B/ 314, IPC was registered with the Police Station Israna against the complainant and his mother Smt. Chotti Devi and they were put to trial before the Court of Shri S.K. Gupta, Additional Sessions Judge, Panipat. However, as the prosecution witnesses did not support the prosecution case, they were declared hostile and the complainant as well as his mother Smt. Chotti Devi were acquitted of the charges framed against them vide judgment dated 12.1.2007. Thereafter, the complainant submitted claim with the opposite parties with respect to the Insurance Policy obtained by deceased Poonam but the same was repudiated vide letter dated 1.2.2007 on the ground that complainant's claim falls under 'Exclusion Clause'. Forced by these circumstances the complainant invoked the jurisdiction of the District Consumer Forum seeking direction to the opposite parties to pay the insured amount along with interest @ 12% per annum and also to pay compensation of Rs. 50,000 on account of mental agony and harassment besides Rs. 5,500 as litigation expenses.