BAJAJ ALLIANZ GEN INS CO LTD Vs. NAGAMMA

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner against the order dated 27.10.2009 passed by the Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short, 'the State Commission') in Appeal No. 3361 of 2009 Bajaj Allianz Gen. Ins. Co. Ltd. Vs. Nagamma by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) BRIEF facts of the case are that Complainant/respondent's son M. Mallu obtained insurance coverage of Rs.1,00,000/ - from OP/petitioner. On 7.10.2006, M. Mallu while driving motor cycle dashed against a cyclist and fell down and sustained injuries and lost his conscious. FIR was registered under Section 279 and 337 IPC. He was shifted to Government hospital and from there he was shifted from time to time to different hospitals and on 8.1.2009 he died. Complainant submitted claim along with documents, but claim was not settled. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that claim was rightly rejected as deceased was not having effective driving licence to drive the motor cycle. It was further submitted that liability under the policy extends only if death takes place within 6 months of injury and as accident occurred on 7.10.2006 which resulted in death on 17.3.2009, claim was not payable and prayed for dismissal of complaint. Learned District forum after hearing both the parties allowed complaint and directed OP to pay Rs.1,00,000/ - with 9% p.a. interest and further directed to pay cost of Rs.1,000/ -. Appeal filed by OP was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) NONE appeared for respondent event after service and he was proceeded ex -parte.