MEENA DEVI Vs. NEW INDIA ASSURANCE CO. LTD

JUDGEMENT

(1.) Complainant/Petitioner has filed the present Revision Petition against the judgment and order dated 11.6.2008 passed by the State Consumer Disputes Redressal Commission, Jharkhand (in short, 'the State Commission') in appeal No. 30/08 whereby the State Commission has set aside the order and judgment dated 16.12.2007 passed by the Consumer Disputes Redressal Forum, District Godda, Jharkhand directing the Respondent Insurance Company to release an amount of Rs. 5 lakh, i.e., the insured amount to the Petitioner along with interest @ 9% p.a. w.e.f. date of the death of the insured till the realization. Rs. 5,000 were awarded by way of compensation for harassment and mental agony.

(2.) It is alleged that the husband of the Petitioner met with an accident on 1.4.2001 when he was coming to his house after closing his shop. That he dashed against "Thokar" meant for checking the speed of vehicles and as a result thereof he fell on the P.C.C. Road and became unconscious. Insured was taken to Dr. Bishnu Kumar Singh who referred the insured to Bhagalpur from where he was referred to Patna for better treatment and was admitted at Indira Gandhi Institute of Medical Sciences. Insured died during the course of treatment on 24.4.2002 and his dead body was released along with the release certificate of dead body and death certificate. Petitioner being the nominee of the insured approached the Respondent for release of the insured amount which was not done. Being aggrieved, Petitioner filed the complaint seeking a direction to the Respondents to release the insured amount along with compensation and costs.

(3.) Respondent Insurance Company (hereinafter to be referred to as 'Respondent') filed its written statement. It took the stand that the insured was given coverage of accidental death as a result of external, visible and violent means. That there was no accident and the insured did not die as a result of accident. That the Petitioner failed to submit certain documents sought for by the Respondent to settle her claim. That the insured died due to a natural death which did not come within the coverage of the policy.