UNITED INDIA INSURANCE COMPANY LIMITED Vs. SUDHA RANI

JUDGEMENT

(1.) VIDE this appeal, the appellant is challenging the order of the District Consumer Forum dated 22.7.2008 whereby it has been directed to pay Rs. 5 lakh towards insurance amount, Rs. 1 lakh towards compensation and Rs. 10,000 towards cost of litigation to the respondent Nos. 1 to 3 (complainants of the original case).

(2.) THE respondents have filed reply. We have heard learned Counsel for the parties and have perused the record.

(3.) AS per record the respondent Nos. 1 to 3 filed complaint against appellant and the respondent No. 4 Bank on the ground that they are widow, son and daughter of late Shri Ramji Lal, who was holder of HDFC Bank credit card No.4346771001782037 on which he was having Life Insurance Policy issued by the appellant which was accident claim -cum -accidental death policy. The sum assured was Rs. 5 lakh. The policy was taken with card in June, 2003. Shri Ramji Lai suffered accidental death on 21 -22 December, 2003 midnight due to Haemorrhagic Shock due to injury by missile fired from fire arm. He was the only bread earner of the family who left behind wife, two minor children and one ailing mother staying at her ancestral village. The claim was filed on 22.1.2004 along with documents. Further documents required were also submitted on 9.9.2004. Thereafter several letters were written. The appellant sent repudiation letter dated 18.1.2006 stating that as per the provisions of the policy the cover is granted for death by accident on air/rail/road and not otherwise, while the deceased was shot by some miscreant consequence upon which he died.