UNITED INDIA INSURANCE COMPANY LIMITED Vs. KEWAL SINGH

JUDGEMENT

(1.) THIS order will dispose of Appeal Nos. 1580 and 1581 of 2004. For convenience, the facts are being taken from Appeal No. 1580 of 2004.

(2.) ONE Shri Nahar Singh had taken two policies from the appellant -United India Insurance Company Limited (hereinafter called the "Insurance Company"). One policy was for the period from 16.11.1998 to 15.11.2008 and other policy was for the period from 30.8.2001 to 29.8.2002. The policies were for Rs. 5,00,000/ - and Rs. 1,00,000/ - respectively. Nahar Singh met with an accident on 30.12.2001 and received head injury. Unfortunately, he died on 30.11.2002. It is the case of the legal heirs of Nahar Singh that the Insurance Company was immediately informed about the accident in which head injury was received by Nahar Singh. In the insurance policy in Appeal No. 1580 of 2004 the relevant terms with which we are concerned are (a) and (d), which read as under:

(3.) THE claim by the heirs of Shri Nahar Singh was lodged with the Insurance Company. But that was repudiated in this appeal and in the other appeal, an amount of Rs. 11,000/ - was offered. The claim was lodged under Clause (d) above. Since the claim was not accepted by the Insurance Company, the heirs of Nahar Singh filed a complaint before District Consumer Disputes Redressal Forum, Moga (hereinafter called, the "District Forum"). District Forum allowed the complaint vide the impugned order dated 30.11.2004 and had directed the payment of Rs. 5,00,000/ - to the heirs of Nahar Singh in this appeal and Rs. 1,00,000/ - in the other appeal, along with interest @ 9% from the date of death, i.e., 30.11.2002. Hence the appeals by the Insurance Company.