NATIONAL INSURANCE CO. LTD. Vs. APARNA KAHAR

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 19.07.2013 passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (in short, 'the State Commission') in S.C. Case No. FA/107/2012 National Insurance Co. Ltd. Vs. Aparna Kahar & Ors. by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant/respondent's husband Tinku Kahar obtained Group Janata Personal Accident Insurance Policy for Rs.5,00,000/- from OP/petitioner. During the subsistence of the policy, on 17.9.2008 insured fell down while dancing on the occasion of Viswakarma Puja, sustained injuries and ultimately he died. Complainant submitted claim which was repudiated by OP on the plea that it was not an accident case and insured died due to coronary heart disease. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that claim was rightly repudiated as death of insured was not accidental one and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to pay Rs.5,00,000/- with 10% p.a. interest. Appeal filed by OP was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) Heard learned Counsel for the parties finally at admission stage and perused record.