ANANDI MEHTO Vs. NATIONAL INSURANCE CO.LIMITED

JUDGEMENT

(1.) VIDE impugned order dated 27th March, 2002 passed by the District Forum the claim of the appellant against ˜Personal Accident Insurance Policy was dismissed on the ground that the incident took place due to epilepsy attack and not by way of accident. Feeling aggrieved the appellant has preferred this appeal.

(2.) THERE is no dispute that the said policy was issued for Rs.1,50,000 on account of Personal Accident Insurance Policy. The appellant met with an accident when he was working in saw machine and came under the belt of the machine and sustained multiple injuries and admitted in hospital for several days. He filed the claim with the respondent company but it was repudiated on the ground that the appellant was covered under Table -III of the said policy and the said policy was subject to the medical expenses endorsement as specified in the schedule and suffered injuries on account of epileptic attack which resulted in his falling upon the saw machine and as proximate cause of the injuries is epilepsy it does not fall within the purview of the personal accident policy.

(3.) WE have perused the impugned order and heard the arguments of learned counsels. Cause of repudiation under relevant provision of Insurance policy is as under: