ANITA JAIN Vs. ORIENTAL INSURANCE CO. LTD

JUDGEMENT

(1.) This is a case of an accident of a Maruti Car, owned by Sh.Bijender Batra, son of R.K.Batra. He was travelling from Gwalior to Sonepat, on the night falling between 22-23 April, 2004, along with Mr.Rakesh Jain, who was plying the car, which met with an accident and both of them succumbed to their injuries. The accident took place near Palwal. FIR was registered and intimation was given to the Oriental Insurance Co.Ltd, the insurer. The LRs of Rakesh Jain, namely, Smt.Anita Jain, his wife, Master Mayukh Jain, his son and Ms.Deepanjali Jain, his daughter, filed the claim, which was repudiated on the ground that their claim was not covered under the said policy.

(2.) A complaint was filed before the District Forum. The District Forum allowed the complaint.

(3.) Oriental Insurance Company, the respondent/OP preferred First Appeal before the State Commission. Their main defence was that the instant case was covered under provisions of IMT-16. The State Commission allowed the appeal and dismissed the complaint.