LIC Vs. REKHA

JUDGEMENT

(1.) The appeal is delayed by 16 days. The delay is condoned for the reasons mentioned in the application for condonation of delay. The appeal has been registered to its regular number. The case has been heard for final disposal.

(2.) This appeal has been filed against the order of the learned District Forum, Sirohi dated 3.11.1998 whereby the District Forum has decreed the claim of the complainant for payment of Rs.50,000/- i. e. the insured sum with 12% interest and has awarded Rs.3,000/- for mental agony and Rs.200/- as costs of litigation.

(3.) We have heard Mr. R. K. Soni appearing for the LIC and Mr. S. L. Songara appearing for Smt. Rekha widow of deceased Naresh Kumar. It is alleged in the complaint that Naresh Kumar had a fall from the stairs on 11.6.1995. He was insured with the L. I. C. The head injury was quite serious and, therefore, he was referred to Ahmedabad for treatment where he expired on 16.10.1995 i. e. after the expiry of 127 days. The claim for payment of the insured sum alongwith accidental benefit was filed with the LIC. That claim has been repudiated by the LIC on the ground that the Ahmedabad doctor who treated him has recorded in the history sheet of the patient's history that he is a known case of alcohol for the past two years. The proposal form was filed on 30.1.1995. Its first receipt was issued on 4.2.1998 and Naresh Kumar died on 16.10.1995 i. e. it is a case of death within 8 months and, therefore, deep enquiry was held and as Naresh Kumar was habitual to take alcohol and, therefore, the claim was repudiated.