RADHA BAI Vs. LIC OF INDIA

JUDGEMENT

(1.) This appeal, under Sec.15 of the Consumer Protection Act, 1986 , is directed against the order dated 31.10.2003 in Complaint No.3/2003 by Consumer Disputes Redressal Forum, Rajnandgaon (hereinafter called the 'district Forum' for short), dismissing the complaint of the complainant/appellant with the liberty to her to approach the Civil Court for appropriate remedy.

(2.) Undisputably, the deceased Narendra Kumar Indoria was in the employment of respondent No.2/bank. The respondent No.2 had obtained a Life Insurance Money Back Policy (with profits) No.381321230 from the respondent/insurer. The premium of the policy was to be paid by deduction of the same from the salary of the deceased/insured. The policy was for assured sum of Rs.50,000/- with accident benefit. It is also not in dispute that the insured Narendra Kumar Indoria died on 14.10.1996. It is further not in dispute that though the respondent No.3 Smt. Nirmala Bai, the widow of the deceased insured Narendra Kumar Indoria was a nominee under the said policy, but complainant/appellant the mother of the deceased insured obtained succession certificate in her favour. It is also not in dispute that respondent No.3 Nirmala Bai, the wife of the deceased/insured and her father as well as brothers were charge-sheeted for the murder of insured Narendra Kumar Indoria and tried in Sessions Court, Balod, in Sessions Trial No.59/97, by the Addl. Sessions Judge. However, by judgment dated 12th February, 1999, all the accused were acquitted.

(3.) The complainant averred that her son, the deceased insured Narendra Kumar Indoria was murdered by respondent No.3, his wife and others. She has further averred that she laid claim for payment of the amount under the policy on the death of the deceased with the respondent/insurer, but her claim was repudiated by the insurer/respondent No.1. The complainant, therefore, prayed that the amount of Rs.1 lac along with interest and bonus payable under the accident benefit policy, be directed to be paid to her by respondent No.1/insurer.