BHARTIYA JEEWAN BIMA NIGAM Vs. PRATAP SINGH

JUDGEMENT

(1.) This appeal is directed against the order dated 6.8.93 passed by the District Forum, Gwalior in Case No.1161/92.

(2.) The appeal arises out of a complaint filed by the respondent. Briefly the case of the complainant was that he was working as a truck driver, that he had taken a Life Insurance Policy with accident benefit issued by the appellant and that during the period the policy was in force he met with an accident resulting in permanent disability as his right forearm was amputated and right femur was fractured and nailed. The claim made by the complainant for disability benefit under the Accident Benefit Clause of the policy was repudiated by the appellant. Hence the complainant filed a complaint before the District Forum claiming the amount in terms of the policy of insurance. The claim was resisted by the appellant mainly on the ground that the disability suffered by the complainant did not entitle him to claim any benefit in pursuance of the Accident Benefit Clause. The District Forum after appreciating the material on record upheld the claim of the complainant. Aggrieved by this order, the appellant has filed this appeal.

(3.) Learned Counsel for the appellant contended that the District Forum erred in holding that the disability from which the complainant suffered entitled him to the grant of disability benefit in accordance with the terms of the policy. It was also contended that as the claim of the complainant was repudiated by the appellant after application of mind, the District Forum had no jurisdiction to grant any relief to the complainant.