UNITED INDIA INSURANCE CO LTD Vs. MEHAR CHAND

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 21.12.1992 passed by the District Forum, Dehra Dun whereby the compensation of Rs.15,000/- (Rupees fifteen thousand only) was allowed to the complainant.

(2.) The brief facts of the case are that the complainant filed the complaint with the allegation that Smt. Ramkali was insured under Janta Personal Insurance Scheme. She fell down from the Chajja and died. The nominee Sh. Mehar Chand lodged the claim petition. There the Insurance Company took the plea that she did not die out of accident but she died due to illness. The learned Forum held that there is no evidence of illness and favoured the case of the complainant and allowed the claim. Against this order the present appeal has been filed.

(3.) We have heard the learned Counsel for the parties and gone through the records. There is evidence against evidence. The learned Forum has believed the evidence of the complainant because it was supported with an affidavit and also the certificate of Graham Panchayat. The report of the agent of the L. I. C. was disbelieved by the Forum on the ground that there was no affidavit and he has recorded only the statement of Sh. Chand Ram. The order shows that there was no affidavit of Sh. Chand Ram.