NEW INDIA ASSURANCE CO LTD Vs. ANITA GOYAL

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 30-06-2010 passed by the Punjab State Consumer Disputes Redressal Commission, UT Chandigarh (in short, 'the State Commission') in Appeal No. 1456 of 2004 Anita Goyal Vs. The New India Assurance Co. Ltd., by which while allowing appeal, order of District Forum was set aside.

(2.) Brief facts of the case are that Complainant/respondent's husband had taken Janta Personal Accident Policy for Rs. 10 lakhs from opposite party/petitioner on 20-03-1998 and complainant was appointed as nominee. On 01-05-2002 complainant's husband Naresh Kumar left his factory but did not return back and on search on 02-05-2002 his scooter was found stuck partly in loamy mud on the right bank of the canal. Report was lodged with police and on 04.05.2002 Naresh Kumar's dead body was found in the canal. Complainant lodged claim with opposite party which was repudiated on the ground that Naresh Kumar committed suicide and was not covered under the policy. Alleging deficiency on the part of opposite party complainant filed complaint before District Forum. Opposite party resisted complaint on issuance of policy but submitted that insured committed suicide and claim was rightly repudiated and prayed for dismissal of complaint. Learned District Forum after hearing both the parties observed that matter may be adjudicated by Civil Court. Appeal filed by the complainant was allowed by learned State Commission vide impugned order in which it was observed that District Forum was not correct in not deciding complaint on merits and further allowed complaint and directed opposite party to pay Rs. 10 lakhs with 7.5% p.a. interest against which this revision petition has been filed.

(3.) Heard learned counsel for the parties and perused record.