LAWS(NCD)-2011-5-11

NATIONAL INSURANCE CO LTD Vs. MADHUSUDAN DAS

Decided On May 25, 2011
NATIONAL INSURANCE CO. LTD. Appellant
V/S
MADHUSUDAN DAS Respondents

JUDGEMENT

(1.) By way of this revision petition there is challenge to the order dated 2nd December, 2005 passed by the State Consumer Disputes Redressal Commission, Cuttack, Orissa (For short 'State Commission'). Vide impugned order, State Commission dismissed the appeal of the petitioner against order dated 29th April, 1999 passed by District Forum, Balasore.

(2.) Brief facts are that respondent/complainant filed a complaint before the District Forum alleging deficiency in the service on the part of the petitioner. It is alleged that respondent's mother Smt. Padmabati had obtained a "Personal Accident Insurance (Individual) Policy" from the petitioner. Sum assured under the policy was Rs. 1 Lakh. During subsistence of the policy, Padmabati Das died on 25th January, 1997 due to snakebite. Since petitioner did not take any step to make the payment under the policy, respondent filed a complaint.

(3.) In the written statement, petitioner has pleaded that the death of the life assured was not on account of snakebite but it was natural death.