BHARTIYA JEEVAN BIMA NIGAM Vs. MURARI LAL TAMARKAR

JUDGEMENT

(1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 , is directed against the order dated 4.12.2003 in Complaint No. 325/2003 by District Consumer Disputes Redressal Commission, Raipur (hereinafter called District Forum for short) directing the appellant insurer to pay to the complainants the assured amount with accident benefit under the policy obtained by his wife deceased Mrs. Premlatha.

(2.) UNDISPUTABLY , the complainant s wife Mrs. Premlatha obtained Jeevan Mithra Policy (Double cover endowment plan) with profit (with accident benefit ) on 28.3.1994. Premium payable from time -to -time towards the said policy was duly paid. Insured Premlatha died on 31.5.1998. The claim was laid by the complainant nominee, the husband of the insured. However, the claim was repudiated by the respondent insurer by its letter dated 1.11.2002, on the ground that the complainant/respondent herein has been convicted of the charge of having murdered the insured his wife, Mrs. Premlatha. Feeling aggrieved by the repudiation as above, the complaint was filed in the District Forum by the complainant/respondent.

(3.) THE appellant insurer resisted the complaint. It was averred in the written version that the complainant has been convicted under Section 498 -A of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 2,000/ -. It was, therefore, averred that the appellant insurer was not obliged to pay the complainant any amount under the policy.