LAWS(NCD)-2016-10-53

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. 7TH FLOOR, BLOCK NO. 4, DLF TOWER 15, SHIVAJI MARG, NEW DELHI Vs. RAJ KISHORE PRASAD S/O LATE BUDHAN PRASAD, VILL

Decided On October 26, 2016
Bajaj Allianz General Insurance Co. Ltd. 7Th Floor, Block No. 4, Dlf Tower 15, Shivaji Marg, New Delhi Appellant
V/S
Raj Kishore Prasad S/O Late Budhan Prasad, Vill Respondents

JUDGEMENT

(1.) Late Sh. Budhan Prasad, father of the complainant had taken a personal accident insurance policy from the petitioner company for a sum assured of Rs.1,00,000.00. The said policy was valid from 31.03.2005 to 30.03.2010. Late Sh. Budhan Prasad having been killed on 01.06.2008, a claim under the policy was lodged by the claimant with the petitioner company. The claim having not been paid, he approached the concerned District Forum by way of a consumer complaint.

(2.) The complaint was resisted by the petitioner company primarily on the ground that the deceased insured had not died in an accident, he having been murdered and therefore, no benefit under the policy was payable.

(3.) The District Forum vide its order dated 22.10.2011, dismissed the complaint. Being aggrieved from the dismissal of the complaint, the respondent/complainant approached the concerned State Commission by way of an appeal. Vide impugned order dated 14.08.2015, the State Commission allowed the appeal and directed the petitioner company to pay Rs.1,00,000.00 to the complainant along with interest @ 6% per annum from the date of filing of the complaint, compensation quantified at Rs.10,000.00 and cost of litigation quantified at Rs.5,000.00. Being aggrieved from the order passed by the State Commission, the petitioner company is before this Commission by way of this revision petition.