NEW INDIA ASSURANCE COMPANY LIMITED Vs. ADARI

JUDGEMENT

(1.) The unsuccessful opposite party is the appellant and this appeal is filed questioning the exparte order passed by the District Forum II, Visakhapatnam directing payment of Rs.50,000/- with interest at 9% pa and compensation of Rs.5000/- with costs.

(2.) The facts of the case are that the complainants father<RP>Adari</RP> Satyanarayana during his life time had taken Janatha Personal Accident Policy from the opposite party and during the subsistence of the policy i.e., from 10.07.2002 to 09.07.2007 , on 23.04.2004 in the morning the insured while climbing down from upstairs to the ground floor he slipped from steps and sustained grievous injury to his head resulting in loss of consciousness. Immediately, he was shifted to King George Hospital, Visakhapatnam for treatment. After necessary first aid, the Doctor expressed that he was in helpless condition and thereby the patient was shifted to his village on the same day. The complainant had no knowledge that the death is to be informed to the police and get post-mortem done. The complainant addressed a letter to the opposite party on 10.06.2004 requesting to settle the claim and on that a claim form was sent which was submitted on 02.10.2004. After several reminders the opposite party sent an intimation rejecting the claim. The act or omission amounts to deficiency in service.

(3.) The opposite party was set exparte on 25.07.007 as service was held sufficient. Thereafter, the case was reposted to 06.08.2007 and on that on filing of the affidavit along with documents Ex. A-1 to A-6 the case was posted for orders on 25.08.2007.