SHAKUNTALA Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) This appeal arises out of the order of the State Consumer Disputes Redressal Commission, Chandigarh, whereby the State Commission upheld the order of the District Forum. The facts in brief which led the complainant to approach the District Forum are as under :

(2.) The complainant's husband had obtained a personal accident policy for Rs. 1,50,000/- for one year covering the period from 1st July, 1992 and met with an accident on 3.9.1992 due to fall from the staircase. He was admitted in the hospital and died on 31.10.1992. The complainant lodged a claim with Insurance Company which was rejected on 8.2.1994. This had lead the complainant to approach the District Forum claiming the amount of Rs. 1,50,000/- with interest and costs of Rs. 10,280.75.

(3.) On notice being issued the opposite party, Insurance Company, filed its reply wherein it had taken the stand that the claim did not fall within the ambit of the policy as the complainant had died of cardiac arrest; that the complainant had suppressed the fact of his suffering from cardiac problem; that complicated questions are involved and hence, the matter be dealt by a Civil Court and not by the Consumer Forum.