NATIONAL INSURANCE CO. LTD Vs. GORLE NOOKALAMMA

JUDGEMENT

(1.) THIS appeal is filed against order dated 12.4.2005 passed in C.D. No. 211/2004 directing the opposite parties to pay assured sum of Rs. 30,000 with interest at 9% p.a. from the date of making of the claim i.e. 18.9.2001 till the date of payment covered by accidental death policy bearing No. 550704/98/96 -00/23 issued by the 1st opposite party through its agent opposite party No. 2.

(2.) THE appellant/opposite party No. 1 assailed the impugned order and in the appeal grounds raised the contentions that the respondent Nos. 1 and 2/complainants have not filed any authenticated documents showing that the cause of death of the insured was due to cat bite and the cat bite said to have been place two months prior to her death on 13.8.2001 whereas medical certificate dated 5.12.2001 do not disclose the cause of death and the word -Rabbis' written which itself shows any amount of doubt that the deceased died due to cat bite as alleged.

(3.) IN nut shell the facts of the case in C.D. No. 21/2004 are that the first complainant's daughter Sitha Ramanamma died due to cat bite on 13.8.2001 and she was covered by Janata Personal Accident Insurance Policy issued by the opp. parties. The 1st complainant is the nominee and the second complainant is the husband of the deceased. Subsequent to the death of the insured claim was lodged and necessary papers were submitted by the complainants. The opposite parties appointed a Surveyor and repudiated the claim. Alleging deficiency in service the complainants sought for a direction to the opposite parties to pay assured amount of Rs. 30,000 with interest at 24% p.a. from the date of death till date of realization, to pay Rs. 25,000 towards compensation for mental agony and deficiency in service and to pay Rs. 1,000 towards litigation expenses.