A BHAGYALAKSHMI Vs. STANDARD CHARTERED BANK & ANR

JUDGEMENT

(1.) This order shall decide the above said two Revision Petitions, which are, separately, filed by both the parties. Both the Revision Petitions swirl around two important questions. Firstly, whether a murder is an accident Secondly, if it is an accident, whether the nominees/legal representatives of the insured are entitled to Rs.10,00,000/- or Rs.5,00,000/-, as per the insured's cards. Like State Commission, we will also decide both the Revision Petitions through this common order.

(2.) Sh. Rajesh Artham (deceased), the insured, is the son of Smt. A. Bhagyalakshmi, the complainant. Through an agent Sh. Rajesh Artham, who was working as Software Engineer, at Satyam Computers in Bangalore, opened two Credit Card Accounts with Standard Chartered Bank-OP-1. There was a combined Credit-Card limit of Rs.29,000/-. Those credit-cards had insurance coverage of Rs.5,00,000/- each with nominee facilities. The complainant was shown as the nominee.

(3.) On 10.01.2005 at Mahalakshmi Lodge in Bangalore, Sh. Rajesh Artham was murdered. A criminal case was registered. Royal Sundaram Alliance Co. Ltd.-OP2, which provided the Insurance coverage, informed the complainant on 04.02.2005 to furnish the relevant documents regarding the death, FIR, P.M. Report etc. The OP also appointed Sh. L. Sriram as an investigator. The OPs, however, repudiated the claim. The legal notice was sent. The Insurance Ombudsman at Hyderabad considered her claim. All these efforts did not bring any result. Ultimately, complaint was filed before the District Forum. The District Forum decided the case on 17.06.2010. The order runs as follows:-