GANGA RAM RAI Vs. LIC OF INDIA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 21.12.2009 passed by the Bihar State Consumer Disputes Redressal Commission, Patna (in short, 'the State Commission') in Appeal No. 112/2006 The Branch Manager, LIC of India & Anr. Vs. Sri Ganga Ram & Anr. by which, while allowing appeal, order of District Forum allowing complaint was set aside.

(2.) Brief facts of the case are that Complainant's/Petitioner's son Rajiv Kr. Rai obtained three insurance policies with double accident benefit from OP/Respondent. Insured Rajiv Kr. Rai was kidnapped and later on murdered on 17.5.2000 and case was registered with the Police. Complainant's blood stained clothes were recovered and after investigation, Police submitted charge sheet only under Section 364 IPC as body of deceased was not recovered. It was further submitted that complainants were paid Rs.1,83,422/-, value of the policy by OP, but double accident benefit was not paid. Complainant's application was disallowed by insurance ombudsman. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. Learned District Forum after hearing both the parties allowed complaint and directed OP to pay additional amount equal to sum assured and further directed to pay Rs.2,000/- as cost of the proceedings. Appeal filed by OP was allowed by learned State Commission by impugned order against which, this revision petition has been filed.

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