N KABILAN Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THIS revision has been filed against the order of the State Commission Chennai dated 01.02.2011 in First Appeal No. 754 of 2008 whereby the State Commission allowed the appeal of the respondent insurance company, set aside the order of the District forum and dismissed the complaint.

(2.) SHORN off unnecessary details, the facts relevant for the disposal of the revision petition are that the petitioner filed a consumer complaint against respondent no.1 insurance company and others alleging deficiency in service on the part of respondent no.1 in repudiating the insurance claim of the petitioner in respect of the death of insured. The claim of the petitioner was resisted by opposite party no.1 by filing a written statement justifying the repudiation of the claim on the ground that death of the insured was not covered by the insurance policy. The District forum on appraisal of evidence allowed the complaint and directed as under:

(3.) BEING aggrieved of the order of the District Forum, respondent no.1 preferred an appeal and the State Commission on the interpretation of insurance policy Ex. B1 took the view that death of the insured was not covered under the policy. Accordingly, the appeal was allowed and the complaint was dismissed.