KANTA MOHANLAL KOTECHA Vs. BRANCH MANAGER

JUDGEMENT

(1.) This appeal filed by the appellant/org. complainant is directed against the order dated 10.10.2005 passed by the District Consumer Forum, Yavatmal by which the Forum below rejected the claim of the complainant in respect of unborn child.

(2.) In brief the facts giving rise to this appeal are as under : Mr. Mohanlal Kotecha who is no more alive had taken comprehensive Insurance Policy from M/s. United India Insurance Company. The insurance cover was taken for four unnamed passengers. The sum assured for 3 unnamed passengers was Rs. 1,00,000 each and Rs. 2,00,000 for owner driver. The insurance policy was valid for the period 23.4.2003 to 22.4.2004. Mr. Mohanlal Kotecha had a valid driving licence. Similarly his son Mr. Atul Kotecha had also a valid driving licence. On the day of accident, Mr. Mohanlal Kotecha, his Son Atul Kotecha and his daughter-in-law Mrs. Switi Kotecha were travelling by Maruti car. On the night between 5.2.2004 and 6.2.2004 accident occurred on Yavatmal Nagpur road. In the said accident all the three occupants of the vehicle died on the spot. Mrs. Switi Kotecha was pregnant at the time of accident. Accident was reported to the nearest police station. On the basis of First Information Report, Crime No. 9/ 04 was registered under Sections 279, 337, 304(A) of Indian Penal Code. Smt. Kanta widow of Mohanlal Kotecha, mother of Atul Kotecha and the mother-in-law of Switi Kotecha submitted claim to the Insurance Company. Insurance Company repudiated the claim in respect of Atul Kotecha on the ground that he was not paid driver of the vehicle. Similarly, Insurance Company repudiated the claim for unborn child on the ground that unborn child cannot be treated as passenger. However, Insurance Company allowed the claim for Mohanlal Kotecha.

(3.) Feeling aggrieved by the repudiation Letter, Smt. Kanta Kotecha filed consumer complaint No. 117/2005.