LAWS(NCD)-2006-2-110

ASHOK KUMAR JAIN Vs. UNIT TRUST OF INDIA

Decided On February 08, 2006
ASHOK KUMAR JAIN Appellant
V/S
UNIT TRUST OF INDIA Respondents

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner. In this matter a short question arises as to whether the unit linked policy would cover death due to heart failure after operation of the complainant's wife.

(2.) COMPLAINANT /petitioner's wife late Mrs. Kalpna Jain on 29th March., 2000 obtained membership of UTI under Unit Link Insurance Plan, 1971 with a target amount of Rs. 75,000. Late Mrs. Kalpana Jain died on 27th August, 2000 due to heart failure during Cholestectomy operation performed on her at R.K. Stone Clinic, Bhopal by Dr. Anand Saxena due to negligence of the operating surgeon. The complainant preferred claim under Unit Link Insurance Plan.

(3.) THE District Forum exonerated the Insurance Companies and held UTI responsible for payment of the accident benefit and accordingly awarded a sum of Rs. 50,000 | holding that the death of the deceased was j accidental.