KHULESH BAI Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) This appeal arises out of the order dated 28.4.2006 passed in Complaint No.22/2004 by the District Consumer Disputes Redressal Forum, Sarguja, Ambikapur (hereinafter referred to as 'district Forum' for short) whereby the complaint was dismissed.

(2.) Brief facts necessary for disposal of this appeal are that the complainant's deceased husband Bannuram was an employee of the O. P. No.2 and he had, in his life-time, through the O. P. No.2 obtained Janta Personal Accident Insurance Policy from the O. P. Nos.1 and 3 for the period from 16.10.1999 to 15.10.2009. The complainant's husband met with an accident on 15.1.2003 and he subsequently died on account of the aforesaid accident on 14.8.2003 while he was under treatment. Despite intimation and despite filing claim form and completing formalities in this regard, the insured failed to pay the claim amount of Rs.5,00,000, hence the complainant approached the District Forum seeking a direction regarding payment of the assured sum together with damages as detailed in the complaint.

(3.) The opposite party No.1-insurer denied all the averments made in the complaint including those of deficiency in service. It was averred by the insurer that the complainant failed to submit relevant documents despite repeated demands hence she is not entitled to any relief. It is further averred that the insurer had cancelled the aforesaid policy prior to the death of the complainant's husband. Subsequent to vacation of stay by the High Court, the insurer had refunded the amount of premium to the O. P. No.2 vide cheque dated 28.3.2005. In the circumstances of the case, the claim is liable to be dismissed.