STATE INSURANCE AND GPF DEPTT Vs. LADKANWAR SUTANIA

JUDGEMENT

(1.) LATE Sri Ram Chandra Sutania, the deceased husband of Smt. Ladkanwar Sutania respondent, was an employee of the State Government as an Inspector in its Co -operative Deptt. He was accordingly covered under the Group Insurance Scheme of the appellants and was regularly making payment of Rs.120/ - p. m. towards the premium of the insurance policy. The respondent was his nominee under the said policy.

(2.) SRI Ram Chandra, the insured, died on 28.3.2000 as a result of the injuries sustained by him in a rail accident. The respondent filed her claim with the appellants for payment of the assured sum with accidental and other benefits under the policy. But the appellants did not finalise the claim despite availing sufficient time. She, therefore, filed a complaint under Sec.12 of the C. P. Act, 1986 (the Act) against the appellants before Distt. Forum, Kota. The appellants resisted her claim on the ground that the deceased insured had committed suicide and, therefore, the claim of the respondent was not acceptable. The Distt. Forum found no merits in such plea of the appellants and allowed respondent's complaint, directing the appellants to pay the sum assured of Rs.2,00,000/ - with interest @ 12% p. a. and cost at Rs.500/ - to her. Hence this appeal by the appellants.

(3.) MR . M. L. Vyas, the learned Counsel for the appellants, vehemently urged that the learned Distt. Forum failed to appreciate that the injuries found present on the dead body of the deceased loudly speak of his suicidal rather than accidental death. Mr. Vyas took us through the post -mortem examination report of the deceased and highlighted the following injuries as found present on the person of the deceased -insured, and as mentioned in such report: (1) Head is separated (decapitated) from trunk. Neck area totally absent. At the separated margins of trunk and head, there are contusions and abrasions. (2) Lacerated wound 4 x 3 cm. x skin deep on (Lt.) side fore -head. (3) Crush (ed) injury (Lt) arm, the lower 2/3rd of arm and elbow along with upper of forearm are missing. The lower 1/3rd of forearm and hand present. (4) Diffuse (d) swelling (Rt) collor arm with fracture of collor bone. (5) Diffuse (ed) swelling (Rt) thigh middle 1/3rd of femer shaft. Note : The body at places is stained with coal/black greezy material.