ORIENTAL INSURANCE COMPANY LIMITED Vs. B KANTAN

JUDGEMENT

(1.) XXX XXX XXX

(2.) ACCORDING to the averments in the complaint the deceased Ramdas, husband of the complainant, had obtained a Janta Policy from the appellant/insurer under salary saving scheme. Under the said policy, the premium was to be recovered from the salary of the insured by SECL, employer of the deceased Ramdas. It was also averred that the premium was duly realized by deduction from the salary of the deceased Ramdas and was paid to the appellant/insurer. It was further averred that during the subsistence of the policy, the said insured Ramdas died on 23.4.2000 in road accident on way to Waltair near Baiyagaon. The complainant preferred a claim before the appellant/insurer, as the nominee of the deceased, but the same was repudiated by the appellant/insurer by its letter dated 1.8.2000 stating that as the deceased died due to rash and negligent driving of the vehicle, hence "the cause is out of parameter of the policy".

(3.) AGGRIEVED , the complainant approached the District Forum and prayed that assured amount of Rs. 5,00,000/ - with compensation and interest be awarded.