SADASIVAIAH Vs. VEERASHAIVA CO-OPERATIVE BANK LIMITED

JUDGEMENT

(1.) THIS appeal is by the complainants challenging the order of the District Forum dismissing the complaint.

(2.) COMPLAINANT Nos. 1 and 2 are the parents of deceased Chethan Kumar. The deceased Chethan Kumar was a member of the opposite party No. 1 (O.P. 1) which is a Society registered under the Karnataka Co -operative Societies Act. O.P. 1 had taken Group Insurance Policy from opposite party No. 2 (O.P. 2) with effect from 22.6.1999 to 21.6.2000 for its shareholders. The said Chethan Kumar suffered a substantial injury in the accident occurred on 11.9.1999. Thereafter, he was admitted to the Hospital and he was in the coma till 2.7.2003. Ultimately he succumbed to the injury and died on 2.7.2003. After the death of Chethan Kumar, the complainants made a claim before O.P. 2 for compensation as he was a member of O.P. 1. The said claim was repudiated by O.P. 2. This repudiation has made the complainant to file a complaint before the District Forum.

(3.) THE District Forum relying upon Clause (a) of the Policy dismissed the complaint holding that the death of the deceased was not within six months from the date of the accident. This order is under challenge by the complainants in this appeal.