L I C OF INDIA Vs. RATAN KAUR

JUDGEMENT

(1.) THIS Revision Petition raises an important question in regard to the meaning and effect which is to be given to the Exclusion Clause "if the disability or death of the insured results from the Life Assured "committing any breach of Law" appearing in Condition No. 10. 2 (b) (iv) of the conditions of the insurance policy.

(2.) THE petitioner Life Insurance Corporation of India (in short 'insurance Company') has filed this Revision Petition against the order dated 14th March, 2005 passed by the Consumer Disputes Redressal Commission Maharashtra State (in short the 'state Commission'), whereby the State Commission has dismissed the appeal filed by the Insurance Company against the order dated 10th January, 2005 passed by the District Consumer Forum Amravati (in short the 'district Forum' ).

(3.) THE facts leading to the present revision petition are in a narrow compass. One Mr. Narendra Singh Sahni (deceased) husband of Smt. Ratan Kaur, present respondent in these proceedings had taken three double benefit insurance policies in the total sum of Rs. 1,50,000. Mr. Narendra Singh Sahni died on 5. 1. 2001, when he was driving a two wheeler scooter as the scooter had slipped and he had a fall and sustained fatal head injury. Admittedly, the policy was in force on that date. Respondents lodged the claim with the Insurance Company. The Insurance Company paid a sum of Rs. 1,50,000 to the respondent, but refused to extend the double accident benefit to her primarily on the grounds that the deceased had no driving licence at the time of the accident and the deceased was driving the vehicle in question in a rash and negligent manner. Dissatisfied with the stand of the Insurance Company, the respondent filed Complaint No. 90/2001 before the District Forum. The Insurance Company resisted the complaint on the same grounds on which it had repudiated the claim earlier. However, the District Forum on a consideration of the facts, circumstances and the material brought before it, allowed the claim of the complainant-respondent with interest besides awarding Rs. 1,000 as costs. Aggrieved by the order, Insurance Company filed appeal before the State Commission but without success, State Commission upholding the order of District Forum in its totality. Hence this revision petition.