NATIONAL INSURANCE CO. LTD. Vs. SURINDER KAUR

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 29-11-2012 passed by State Consumer Disputes Redressal Commission, Punjab (in short, 'the State Commission') in Appeal No. 1243/2008 Surinder Kaur Vs. National Insurance Co. Ltd., by which while allowing appeal, order of District Forum was set aside and complaint was allowed.

(2.) Brief facts of the case are that complainant/respondent's husband Avtar Singh obtained Janta Personal Accident Insurance Policy for Rs. 5 lakhs on 06.04.1997 from opposite party/petitioner for a period from 08.04.1997 to 07.04.2009. On 22.07.2006 Avtar Singh, while driving scooter, collided with motor cycle and ultimately died. Intimation of death was given to opposite party on 18.10.2006. Opposite party sought explanation from the complainant for not lodging FIR and getting post-mortem report. Complainant replied to the letter but opposite party repudiated claim. Alleging deficiency on the part of the opposite party, complainant filed complaint before District Forum. Opposite party resisted complaint and submitted that claim was rightly repudiated as death of Avtar Singh was not covered under the policy and prayed for dismissal of complaint. Learned District Forum after hearing both the parties observed that case needs proper investigation and inquiry and detailed recording of evidence and directed complainant to approach Civil Court. Appeal filed by the complainant was allowed by learned State Commission vide impugned order and directed opposite party to pay Rs. 5 lakhs along with 6% p.a. interest, against which this revision petition has been filed.

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