GITABEN Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) PETITIONER herein, who was the complainant before the District Consumer Disputes Redressal Forum, Ahmedabad (Rural) District, Ahmedabad, Gujarat (hereinafter referred to as the District Forum' for short), being aggrieved by the Order dated 7.10.2005 passed by the State Consumer Disputes Redressal Commission, Ahmedabad, Gujarat (hereinafter referred to as the State Commission' for short) in Appeal No. 1298 of 2004, has filed the present Revision Petition. By the impugned Order, the State Commission has reversed the Order passed by the District Forum and held that the petitioner is not entitled to the insured amount as the husband of the petitioner did not die because of an accident.

(2.) BRIEFLY stated, the facts of the case are:

(3.) DISTRICT Forum, relying upon the history recorded by Dr. Rana at Bhavnagar, held that the death was accidental and, accordingly, allowed the complaint. Petitioner was directed to pay a sum of Rs. 5,00,000, i.e., the insured amount along with interest @ 9% p.a. from the date of filing of the complaint till realisation. Rs. 10,000 were awarded towards mental harassment and Rs. 5,000 were awarded as costs which were to be paid within one month.