ORIENTAL INSURANCE CO LTD Vs. SARASWATI

JUDGEMENT

(1.) This is an appeal underof the, which by order dated 23.2.2005 in Complaint No.79/2004 by District Consumer Disputes Redressal Forum, Durg (hereinafter called the 'district Forum' for short), has been put under challenge.

(2.) Deceased Dhronacharulu was an employee of Bhilai Steel Plant and had obtained Group Janta Personal Accident Insurance Policy (hereinafter called the 'janta Policy' for short), covering the risk of his life for the period from 9.1.1999 to 8.1.2011. The said policy was obtained in pursuance of memorandum of understanding between Steel Workers Union (INTUC), Bhilai and appellant insurer. It is also not in dispute that the dead body of the insured Dhronacharulu was found lying near railway line on 24.9.2003. There were several injuries on the body. The complainant lodged claim for payment of assured amount under the Janta Policy issued by appellant/insurer. However, the claim was repudiated by the appellant/insurer by their letter dated 4.3.2004, on the ground that the policy was cancelled by them w. e. f.26.11.2000 and intimation thereof was given to Steel Workers Union. Aggrieved, the complainant approached District Forum and filed the complaint.

(3.) The appellant/insurer resisted the complaint 'inter alia' on the ground that the insured committed suicide and, therefore, the claim under the Janta Policy was not payable. It was also averred that the policy was already cancelled by the appellant/insurer by their letter dated 4.3.2004 addressed to Steel Workers Union.