HARSHALATA DNYANESHWAR WANKHEDE C/O S.K. PASHINE, 158, SHANKAR NAGAR, NAGPUR Vs. COLLIERY MANAGER, AB INCLINE WESTERN COALFIELDS LIMITED & ANR

JUDGEMENT

(1.) Counsel for the parties present. Arguments heard. There is a delay of 63 days in filing the present Revision Petition. We have perused the application for condonation of delay. The complainant, Smt. Harshalata Dnyaneshwar Wankhede, the wife of the insured (deceased) explained that her mother-in-law was critically sick and she could not file the Revision Petition. Consequently, we condone the delay.

(2.) Sh. Dnyaneshwar Wankhede, the insured (since deceased) was working under the Colliary Manager, AB Incline Western Coalfields Ltd.-OP-2. He took the policy from the New India Assurance Co. Ltd. under Janata Group Personal Accident Policy for a period of 10 years, for a sum of Rs.5,00,000/-.

(3.) The insured (deceased) went to his village and while crossing the river, he drowned in the water on 23.09.1999. His dead body was recovered on 03.10.1999. The matter was reported to the Western Coalfields Ltd. in November 1999 and the counsel for the OP-2 does not raise a dispute in the respect. However, his claim form was submitted to OP-2 on 29.03.2003. The Insurance Company repudiated the claim on the ground that it was barred by time and it was a case of suicide.