LIC OF INDIA Vs. KANYA BAI

JUDGEMENT

(1.) This revision petition is directed against the order of the State Commission, Rajasthan dated 12.7.2010 whereby the State Commission dismissed the appeal preferred by the petitioner Insurance Co. against the order of District Forum, Boondi dated 8.9.2005 in Consumer Complaint No.100/2003.

(2.) Briefly put, facts relevant for the disposal of the revision petition are that Shri Babulal, husband of the complainant Kanya Bai, purchased LIC policy for sum assured Rs.3 lakhs from the petitioner/opposite party on payment of premium. The policy was valid from 25.2.2002 till 25.2.2018. It is an admitted case of the parties that during the currency of the insurance policy, Babulal was found dead in a hotel room at Kota on 8.8.2002. A police report in this regard was instituted at police station Bhimganj Mandi. The post-mortem on the dead body was conducted. As per the post-mortem report, opinion as to cause of death was kept pending till the examination of viscera.

(3.) Respondent Kanya Bai filed insurance claim with the petitioner/opposite party. The claim however, was repudiated on the ground that Babulal have committed suicide by consuming poison and, therefore, as per the exception clause of the insurance policy, claim was not payable.