LAWS(NCD)-2008-5-30

ORIENTAL INSURANCE COMPANY LIMITED Vs. SUKHDEV KAUR

Decided On May 30, 2008
ORIENTAL INSURANCE COMPANY LIMITED Appellant
V/S
SUKHDEV KAUR Respondents

JUDGEMENT

(1.) -SURJIT Singh, husband of Sukhdev Kaur, respondent No. l and father of Hardeep Singh and Harjinder Kaur, respondent Nos. 2 and 3, was the account holder with the Sangrur Central Co-operative Bank Ltd. , Branch Kamalpur respondent No. 5. The appellants had issued the Kisan Khatta Credit Holder Insurance Policy Scheme in favour of respondent No. 5 by which all the account holders of the Bank, respondent No. 5 including Surjit Singh were insured with the appellants against death by accident in the sum of Rs. 50,000. Surjit Singh was murdered on 14. 9. 2004. F. I. R. No. 110 under Sections 302/34, IPC was registered in Police Station, District Sangrur. Respondent Nos. 1 to 3 lodged the insurance claim with the appellants but it was repudiated by the appellants. Hence, respondent Nos. 1 to 3 filed the complaint in the learned District Consumer Disputes Redressal Forum, Sangrur (in short the 'district Forum' ).

(2.) THE appellants filed the written reply. It was admitted that Surjit Singh was insured for a sum of Rs. 50,000 for the period from 3. 11. 2003 to 2. 11. 2004. It was also not denied that said Surjit Singh was murdered on 14. 9. 2004 by Amrik Singh son of Maghi Singh for which a criminal case was registered at Police Station, Dirba. However, it was stated that the death of Surjit Singh was not by an accident. Hence it was pleaded that the repudiation was legal and valid and dismissal of the complaint was prayed.

(3.) THE learned District Forum considered the matter and accepted the complaint with cost of Rs. 1,000 vide impugned order dated 11. 5. 2007. Rs. 3,000 were awarded as compensation and the appellants were directed to make the payment of insurance amount of Rs. 50,000 with interest @ 9% p. a. from the date of complaint i. e. 1. 5. 2006 till the date of payment.