ANJU GOEL Vs. ORIENTAL INSURANCE CO. LTD

JUDGEMENT

(1.) This Revision Petition has been filed under Sec. 21 of the Consumer Protection Act, 1986 by Anju Goel (hereinafter referred to as the 'Complainant') against the Impugned Order dtd. 28/12/2010 passed by State Consumer Dispute Redressal Commission, Haryana at Panchkula, (for short 'the State Commission') in First Appeal No. 2570 of 2003, wherein the Appeal filed by the Appellant (Respondent herein) was allowed and the Order dtd. 1/10/2003 passed by District Consumer Dispute Redressal Forum, Kurukshetra (for short 'District Forum') in CC No. 373/2002 was set aside.

(2.) The issue relates to repudiation of death insurance claim due to accident. Briefly, Bushan Lal Goel (since deceased) got himself insured with Oriental Insurance Co. (OP) against the accidental death due to subsistence of the policy, he died on 4/12/2001 due to fall from his motorcycle. His wife Anju Goel submitted the claim with the Insurance Co., but it was repudiated and additionally, the OP cancelled the Long Term JPA policy No. 47/99/00021 vide letter dtd. 21/2/2002 and sent a cheque for Rs.764.00 as a refund of the premium for the unexpired period. Being aggrieved by the repudiation of the claim, the Complainant filed a Consumer Complaint before the District Forum and claimed compensation of Rs.5,00,000.00 as insured amount with interest and Rs.10,000.00 towards litigation cost.

(3.) The Insurance Co., in its written version, denied any deficiency and stated that the Complainant filed the complaint with unclean hands. Her husband did not die in the accident. She has not filed FIR or Post-Mortem report to prove that it was an accidental death.