NEW INDIA ASSURANCE CO. LTD Vs. AYALAKSHMI

JUDGEMENT

(1.) 4th Opposite party is the appellant.

(2.) The 1st respondent/complainant originally filed a complaint against respondents 2 to 4, claiming policy amount of Rs.5,00,000/- against the death of the complainants husband and directing the 2nd and 3rd opposite parties to pay a sum of Rs.6,00,000/- and praying Rs.3,00,000/- against opposite parties 1 to 3 as compensation and Rs.1,00,000/- against punitive damages and to pay the cost. Appellant was impleaded as 4th opposite party, since the policy was alleged to have been issued by the 4th opposite party.

(3.) Before the District Forum after the enquiry, the complaint was allowed and 2nd, 3rd and 4th opposite parties were directed to pay a sum of Rs.6,00,000/- being the sum assured and opposite parties directed to pay a sum of Rs.1,00,000/- towards compensation for the mental agony and to pay a sum of Rs.50,000/- towards punitive damages and to pay a sum of Rs.5,000/- towards cost. Aggrieved by the order of the District Forum, the 4th opposite party/appellant has come forward with this appeal and in the grounds of appeal, it is contended that there was no claim lodged against the appellant by the complainant and the claim was barred by limitation and even on merits, the claim was not admissible as the complainant herself was prosecuted for the offence of murdering the husband by her and in view of the specific exclusion also, the claim was repudiated and thereby pray setting aside the District Forum order.