UNITED INDIA INSURANCE COMPANY LIMITED Vs. GARIPALLY NARAYANA

JUDGEMENT

(1.) This is an appeal filed by the opposite parties assailing the order of the District Forum.

(2.) The facts that led to filing this appeal are briefly as follows:

(3.) The complainants are the parents of the deceased Srikanth, who died in an accident on 09-1-2005 while proceeding on a motor cycle along with another as he fell down and received head injury. He was shifted to Govt. Hospital, Siddipet for treatment from where he was shifted to Apollo Hospital for better treatment but unfortunately died on 12-1-2005 while under going treatment. The complainant No.1 who is the father of the deceased purchased the motor cycle involved in the accident for the purpose of deceased and the same was insured with opposite party No.1 and the policy was in force from 9-7-2004 to 8-7-2005. The accident occurred on 9-1-2005 when the policy was in force and the complainant paid the premium for the coverage of owner/driver and at the time of the accident, the deceased was driving the motor cycle. A case in Crime No.6/2005 U/s.337 of IPC was registered and after death of the deceased, the section of law was altered in to 304-A of IPC. The complainant No.1, after the death of the deceased approached opposite party No.1 and furnished the relevant documents and requested them to pay the insurance amount of Rs.1,00,000/- but the opposite parties did not pay the amount. The complainants, therefore, got issued a legal notice on 01-8-2005 but they issued a reply notice on 5-8-2005 and did not pay the amount. Hence the complainants approached the