P.PRABHAVATHI Vs. NATIONAL INSURANCE CO.LTD.

JUDGEMENT

(1.) THE case of the complainant, who is the wife of late Kamalakar, a practising Advocate of Narsipatnam Bar, aged about 43 years took out a ˜Janatha Personal Accident Insurance from the opposite party for Rs. 10,00,000/ - commencing from 5.12.1997 lasting for a period of 12 years. While so he accidentally slipped and fell down from the staircase of their house while he was getting down from the upstairs of his house, as a result of which he sustained chest injury and died. When the complainant made a claim for the insurance amount, the opposite party repudiated the said claim on the ground that condition Nos. 2 and 4 of the policy exclude the peril. Hence this complaint claiming a sum of Rs. 10,00,000/ - with interest @ 18 per cent per annum from 15.8.2000, the date of death of the insured together with compensation of Rs. 50,000/ - and costs of Rs. 10,000/ - was filed.

(2.) WE have gone through the complaint and perused the material papers carefully. Condition No. 2 of the policy is extracted below for ready reference :

(3.) A reading of this condition leaves no doubt that ''