MALA DEB Vs. L I C OF INDIA

JUDGEMENT

(1.) THIS appeal has arisen from the judgment dated 11.2.2001 passed by the District Forum,West Tripura, Agartala in CC -56 of 2007 whereby the claim of the complainant -appellant herein for accidental benefit of the Life Insurance policy due to death of her husband Debal Deb has been dismissed.

(2.) THE admitted fact is that Debal Deb had taken a life insurance policy for a sum of Rs.5,00,000 issued on 17.10.2003. On 16.5.2004 he was done to death by some miscreants. The appellant wife got the sum assured but not the accidental benefit. Her claim was repudiated by the Life Insurance Corporation of India Ltd., the respondent herein, on the ground that the death was a murder simplicitor not an accident. The only question for consideration is whether the death of Debal Deb can be said to be accidental.

(3.) THE learned District Forum in the impugned judgment discussed the decision of the Apex Court reported in 1997 AIR(SC) 423 and that of the Gujrat High Court in 1999 (3) TAC 269 to appreciate the distinction between accidental death and murder simplicitor. Applying the ratio in the aforesaid decisions the District Forum held that the facts and circumstances of the case in hand clearly establish that the death of Debal Deb is nothing but murder simplicitor. Consequently, the repudiation of the claim of accidental benefit by the LIC has accordingly been up held.