LIC OF INDIA Vs. DHARMESH KUMAR

JUDGEMENT

(1.) THIS appeal is preferred against the order dated 01.02.2008 whereby the appellant -company has been directed to pay the insurance amount of Rs. 1 lac to the respondent who is the legal heir of the insured and Rs. 20.000/ - as compensation for mental agony and harassment for repudiating the claim and Rs. 5.000/ - towards cost of litigation.

(2.) THE impugned order has been assailed mainly on the ground that the District Forum has not taken into consideration the investigation conducted by the appellant with regard to the policy of the deceased at the time of obtaining the insurance policy as the deceased had died due to heart attack within the period of 20 months from obtaining the insurance policy.

(3.) THE facts leading to the impugned order, in brief were that Sh. Narender Kumar, father of the respondent was holder of LIC policy dated 28.07.2002 for Rs. 1 lac and regularly paid the premium and made the respondent as his nominee. Sh. Narender Kumai suddenly got heart attack due to untimely death of his son -in -law in an accident and he was admitted in Safdarjung Hospital on 12.04.04 at 11.15 p.m. but expired on 13.04.04 at 6.30 a.m. the due information was sent to the appellant. The claim was preferred with the appellant with all the documents but the same was rejected. Consequently respondent filed the instant complaint.