L.I.C. OF INDIA Vs. KARPAGAM

JUDGEMENT

(1.) THE opposite party in O.P. No. 153/96 on the file of the District Consumer Disputes Redressal Forum, Vellore, is the appellant herein. The case of the complainant was as follows: (a) Her husband had taken an insurance policy for Rs. 2,00,000 on 6.5.1992. The complainant was the nominee under the policy. The insured died on 26.2.1993 when he had gone to Salem for the purpose of repairing his tractor. The Salem town police registered a case under Section 174 of Cr.P.C. Post -mortem was also done at Government Hospital, Salem. The post -mortem certificate dated 27.2.1993 said that the opinion regarding the cause of his death would be reserved till the report of chemical anaysis was received from the Forensic Laboratory. The Regional Forensic Science Laboratory of Government of Tamil Nadu at Coimbatore gave a report on 10.4.1996 stating that no alcohol or other poison was detected in any of the samples received from the Government Hospital, Salem, relating to the insured. Thus, the death was a sudden one. The complainant approached the opposite party with a claim enclosing the post -mortem certificate and also the report of the Regional Forensic Science Laboratory. The opposite party however failed to pay the insured amount. She sent a lawyer notice. The opposite party refused to pay the insurance amount. The complaint therefore came to be filed.

(2.) THE opposite party took a stand that it was a case of suicide. As the F.I.R. had disclosed the life assured had died due to suspected consumption of poison mixed in alcohol, post -mortem was done and opinion reserved pending receipt of chemical examination report. The opposite party was justified in invoking the suicide clause as the material available clearly established that the life assured had committed suicide.

(3.) BEFORE the District Forum, on the side of the complainant Exs. A1 to A10 were marked while on the side of the opposite party, no document was marked.