SUSHILABAI Vs. UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS appeal under Section 15 of the Consumer Protection Act, 1986 , is directed against order dated 17.12.2004 in Complaint No. 107/2004 by District Consumer Disputes Redressal Forum, Durg (hereinafter called the District Forum for short), dismissing the complaint of the complainant/appellant.

(2.) INDISPUTABLY , the insured Tijao Ram obtained a Group Insurance Policy and also a Personal Accident Policy for Rs. 1,00,000/ - each from respondent No. 1 insurer. The said policy covered the risk of death of the insured in an accident. The said Tijao Ram was working as Lineman in the Electricity Department. While trying to rectify the defect in electric pole on 19.5.2003, he was fatally electrocuted. The complainants, the legal representatives of Tijao Ram, therefore, claimed the assured amount from the respondent No. 1 insurer. The claim was resisted by respondent No. 1 insurer on the ground that the death of Tijao Ram was not due to accident. The complainants, approached the District Forum by way of complaint and prayed that Rs. 2,00,000/ - be awarded under the said two policies and that compensation be also awarded.

(3.) THE complaint was resisted by the respondent/insurer. The main averment in the written version of respondent No. 1/insurer was that the death was not on account of accident and hence the complainants claim was repudiated. Though respondent No. 2 also filed written version but no material averment of the complainant was refuted therein.