LIC OF INDIA Vs. VED PRAKASH GUPTA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the impugned order dated 02.03.2012 passed by learned State Commission in Appeal No. 951 of 2007, LIC of India Vs. Ved Prakash Gupta & Ors., by which, while allowing appeal of the petitioner, partly, order passed by the District Forum was upheld and modified to some extent.

(2.) Brief facts of the case are that complainants obtained 11 insurance policies Nos. 250179447, 250179448, 240033945, 240023425, 240026863, 240300371, 240211198, 240453907, 240454297, 240454298 and 240454299 for their son, Vineet Gupta. Vineet Gupta was injured in an accident on 26.08.2003 and his leg was fractured. Ultimately, he died on 27.08.2003. OP/Petitioner paid insurance amount covered under the aforesaid policies to the complainants but OP did not pay any amount to the complainants towards accidental benefits covered under the policies. Complainants alleging deficiency on the part of OP, filed complaint before the District Forum. OP resisted claim and submitted that Vineet Gupta died due to heart attack and not due to accident, as such, accidental benefits were not found payable and not paid and, therefore, prayed for dismissal of complaint.

(3.) Learned District Forum after hearing both the parties allowed the complaint and awarded Rs.14,50,000/- as accidental benefits, along with interest @ 8% p.a. from 27.08.2003 and Rs.20,000/- as damages and Rs.500/- as costs.