NEW INDIA ASSURANCE COMPANY LIMITED Vs. URMILABAI

JUDGEMENT

(1.) BY the order impugned the Forum below has directed the appellant/Insurance Company to pay to respondent No. 1/complainant Rs. 5 lacs, the sum assured, under a policy obtained by respondent No. 2/Western Coal Fields Ltd. for its deceased employee late Ramrao Bodkhe, husband of the complainant.

(2.) ADMITTEDLY , the deceased died of drowing on 21.11.2005 when the policy was in force. However, the claim of respondent No. 1 was repudiated by the appellant on the ground that the policy in question was cancelled by the appellant even before the death of the deceased/insured. However, it is, now, no more in dispute that the cancellation of master policy by the appellant/Insurance Company, issued in favour of employees of respondent No. 2/WCL has been held illegal by the Bombay High Court and decision of the Bombay High Court has been upheld a SLP by Hon ble the Supreme Court.

(3.) NOW , the appellant/Insurance Company has come out with altogether a new plea that the deceased was a man of unsound mind and seems to have committed suicide. There is however, no evidence to support this contention of the appellant, expect that in the Merg intimation report some such statement is made that deceased prior to his death for last 12 years, was having some mental problem. No proper evidence, much less any medical evidence could be produced to establish this. In fact no investigation seems to have conducted by the appellant to arrive at any such conclusion and the claim was also not repudiated on this ground.