ORIENTAL INSURANCE COMPANY LIMITED Vs. RAMWATI @ GUJRI BAI

JUDGEMENT

(1.) THIS appeal has been filed to challenge order dated 17.10.2008 of District Consumer Disputes Redressal Forum, Sarguja Ambikapur (here -inafter called as "District Forum" for short), in Complaint Case No. 217/2006, whereby the appellant herein, has been directed as per terms of the insurance policy, purchased by husband of the complainant/respondent No. l to pay Rs. 5,00,000 on account of accidental death of the insured, along with interest @ 9% p.a. from the date of filing complaint till date of payment and also Rs. 1,000 as cost of litigation.

(2.) IT is not in dispute that an insurance policy was issued by the appellant herein, in favour of Mahabeer Singh, who was working as Assistant Foreman (Mechanic) with S.E.C.L. and the policy was Group Janta Personal Accident Policy. The insured died on 7.4.2006 at Village Mohan Tola, Tehsil Bharatpur, District Koria. The death was intimated to the Police and proceedings, in respect of Merg, were conducted by the Police. The dead body of insured, was sent for post -mortem examination. The respondent No. l/complainant filed a claim before the Insurance Company, along with necessary papers, but the Insurance Company, had not paid accidental benefit to the complainant/respondent No. l and also the sum assured, so she preferred a complaint before the District Forum. In reply of which, the Insurance Company has averred that the policy issued in favour of the deceased insured, had already been cancelled in the year 2002, so there was no contract of insurance in favour of the deceased. It has also been averred that the premium, was refunded to the employer S.E.C.L. and so in repudiating the claim of the complainant, the Insurance Company has not committed any deficiency in service.

(3.) THE District Forum, after considering the material placed before it by both parties, allowed the complaint by the impugned order.