NATIONAL INSURANCE CO. LTD. Vs. UMA KANT SAHAY

JUDGEMENT

(1.) Challenge in this Revision Petition under Sec. 21(b) of the Consumer Protection Act, 1986 (in short "the Act"), is to the order dated 09.10.2009 in First Appeal No. 213 of 2006 passed by the Jharkhand State Consumer Disputes Redressal Commission, Ranchi (in short "the State Commission"). By the impugned order, the State Commission allowed the Appeal preferred by the Complainant and directed the Insurance Company to pay the insured amount of Rs. 2,00,000.00 with simple interest at 6% p.a. till realization.

(2.) The facts material to the case are that the Complainant's son aged 15 years was insured under Janta Personal Accident Policy No. 100300/47/01/9600022/01/96/31120 and died on 26.06.2002, on account of the injuries, which he had suffered because of an accident on 20.06.200 The Complainant's minor son was coming from Aurangabad in a trekker which met with an accident with another vehicle near Dhobi More on G.T. Road on 20.06.200 He was treated by Dr. Shekhar Kumar at Dhanbad from 206.2002 for severe pain in the neck and head. However, due to these injuries, he expired on 26.06.2002 due to brain hemorrhage. On a claim made by the insured, the Respondent Company repudiated it on the ground that the death was not an accidental one.

(3.) Opposite Party filed their Written Version stating that the no MACT case has been registered; there was no FIR; no charge sheet and Post mortem report to establish that the deceased had died as a consequence of the road accident impact injury. A certificate dated 26.06.2002 of Dr. Shekhar Kumar was brought into existence only to support the case of the Complainant. There is no deficiency of service on their behalf as the Policy covers only accidental death and pleaded that the Complainant's son died only on account of illness, which is not covered under the policy.