ROYAL SUNDARAM ALLIANCE INSURANCE CO LTD Vs. SUNITA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against order dated 24-12-2014 passed by the learned State Consumer Disputes Redressal Commission, Delhi (in short, 'the State Commission'), in Appeal No. 566 of 2010 Royal Sundaram Alliance Insurance Co. Ltd. Vs. Smt. Sunita, by which while allowing appeal partly order of District Forum allowing complaint was modified.

(2.) Brief facts of the case are that complainant/respondent's husband Kalyan Singh obtained personal accident policy of Rs. 10 lakhs from opposite party/petitioner for a period of one year from 27-11-2004 to 26-11-2005. On 23-02-2005 Kalyan Singh was found lying unconscious at the stairs of his flat. He was immediately taken to hospital where he was declared dead and cause of death was found to be due to "cold wave" but final opinion was kept pending till receipt of viscera report. Complainant, being nominee submitted claim with relevant documents to opposite party but opposite party asked for viscera report which could not be produced as was not provided by investigation officer. Opposite party did not settle claim. Alleging deficiency on the part of opposite party, complainant filed complaint before District Forum. Opposite party resisted complaint and submitted that as Viscera report was not supplied, claim was not settled. It was further submitted that insured died natural death due to diabetes and alcoholic influence, so claim was rightly repudiated. It was further submitted that complaint was barred by limitation and prayed for dismissal of complaint. Learned District Forum, after hearing both the parties allowed complaint and directed opposite party to pay Rs.10 lakhs and further directed to pay Rs. 2 lakhs for mental agony and Rs.10,000/- as cost of litigation. Appeal filed by opposite party was partly allowed by learned State Commission and order directing payment of Rs. 2 lakh for mental agony was set aside and rest of the order was affirmed against which this revision petition has been filed.

(3.) Heard learned counsel for the parties finally at admission stage and perused record.