NATIONAL INSURANCE COMPANY LIMITED Vs. PUSHPA DEVI

JUDGEMENT

(1.) THIS appeal, under Section 15 of Consumer Protection Act, 1986 , is directed against the order dated 12.7.2005 in Complaint No. 324/04 by District Consumer Disputes Redressal Forum, Raipur (hereinafter called "District Forum" for short) directing appellant/insurer and respondent Nos. 2 and 3 to pay Rs. 5,00,000 jointly and severally to the complainant with interest @ 9% per annum.

(2.) INDISPUTABLY , Manish Kumar Jain son of complainant/respondent No. 1 herein obtained a Janata Personal Accident Insurance Policy (hereinafter Janata Policy for short) through respondent Nos. 2 and 3. The said policy was issued by National Insurance Co. Ltd. The assured sum under the said policy was Rs. 5,00,000. As per terms of the policy the risk of the life assured was covered for the period from 1.3.2001 to 29.2.2016. It is also not in dispute that the said Manish Kumar Jain died in train accident on 23.1.2004. The complainant preferred claim under the policy with the appellant insurer. However, since the claim was not settled, hence she filed the complaint before the District Forum.

(3.) THE appellant resisted the complaint. According to them, the legal formalities to decide the claim were required to be complied with. It was averred that as some documents were written in Marathi language; hence they were required to be translated in English and notarized. It has been denied that the appellant disregarded the procedure. It was averred that appellant only tried to comply with the legal formalities. It was also averred that the deceased had obtained two other Janata Policies and the fact was never disclosed to the appellant; hence the claim of the complainant was liable to be rejected. The respondent Nos. 2 and 3 also resisted the complaint.