(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the order dated 07.04.2011 passed in First Appeal No. 887 of 2008 by Delhi State Consumer Disputes Redressal Commission (herein after referred as 'the State Commission') whereby the State Commission directed the insurance company to pay insured amount of Rs. 5,00,000/- and costs of Rs. 10,000/- to complainants No. 1 to 3.
(2.) The brief facts are that the complainants, widow, son and daughter of Late Shri Ramji Lal, who was holder of HDFC Bank Credit card (OP NO. 2) with the facility having Life Insurance Policy issued by United India Insurance Co. (OP 1). It was an Accident claim-cum-Accidental death policy valid for the period from 10.12.2003 to 9.12.2004 for total sum assured of Rs. 5 Lakhs. Shri Ramji died on 21-22 December 2003, due to Hemorrhagic shock by the fire arm missile injury. FIR was lodged on 22.12.2003 and claim was initiated against OP1 on 22.1.2004. The OP1 repudiated the claim vide letter dated 18.1.2006 on the ground that, as per the provisions of the policy, the cover was granted for death by accident on air/rail/road and not otherwise, whereas the deceased was shot by some miscreant, consequently upon which he died.
(3.) O.P. No. 1 in its written version, contended that the repudiation was in accordance with the terms and conditions of the policy. The said personal accident policy covers only case of air/ rail/ road accident, therefore, death of the card holder was not covered under the policy, therefore, the complaint deserves to be dismissed.