SENIOR DIVISIONAL MANAGER LIC OF INDIA Vs. SUREKHA

JUDGEMENT

(1.) This appeal has been preferred by the LIC of India against the order of the District Forum, Dharwad, dated 8.10.1999 in Complaint No.62 of 1998 directing to pay a total sum of Rs.2,33,910/- to the complainant with all the benefits and with interest at 12% per annum from the date of repudiation i. e. from 18.2.1997 till payment.

(2.) The brief facts for the disposal of this appeal are that the complainant's husband, one Manjunath Bagewadi had taken 5 insurance policies total for a sum of Rs.1,90,000/- with a double accident benefit clause. As per the said clause if the death of the policy holder takes place due to an accident caused by violent and visible means the claimant under the policies would be entitled to receive an additional amount equivalent to the sum assured on the policies. The said Manjunath Bagewadi was found dead on 9.6.1995 within the jurisdiction of Annigeri Police Station and on the basis of the complaint given to the police a case was registered in Cr. No.30 of 1995 against the unknown persons for the offence punishable under Sec.302 of IPC. After the death of her husband the complainant made her claim before the opposite party/insurance Company and the Insurance Company settled the amount but not settled the claim of accident benefit in respect of the policies. Hence, the present complaint was filed before the District Forum claiming a total amount of Rs.2,32,127/- under the accident benefit.

(3.) The Insurance Company appeared before the District Forum and filed its objection admitting that the deceased Manjunath during his life-time was having 5 policies. It also admitted the death of Manjunath on 8.6.1995 but submitted since the cause of death was not established on the basis of the records submitted by the complainant, the complainant was not entitled for the accident benefit and accordingly they settled the claim amount in respect of the policies except the accident benefit. The District Forum, on the basis of the materials placed by the parties and after going through the documents and hearing the arguments has held that the complainant has satisfied that she is entitled for the relief as prayed for in the complaint and accordingly passed the impugned order.