NATIONAL INSURANCE COMPANY LTD Vs. NIRMALA MEENA

JUDGEMENT

(1.) THIS revision petition arises under the following circumstances:

(2.) THE husband of the respondent/complainant, who was serving as an Inspector with the Rajasthan Police, was covered under a Personal Accident Group Insurance Policy taken by the Director General of Police, Rajasthan for its employees and was insured under two different policies for a sum of Rs. 4.00 lakh. Upon his death consequent to an incident of a bullet fired from service revolver on 4.9.1997, a claim was raised by the respondent/complainant, who is the nominee of the Life Assured i.e. the widow of the deceased. FIR with regard to the incident had been lodge. An inquest report was prepared by the S.D.M., which held that the death of the Life Assured was due to an accidental fire while cleaning the service revolver. The petitioner/Insurance Company had got the matter investigated and on consideration of attending circumstances rejected the claim, holding that the death of the Life Assured was not accidental but on account of his having committed suicide. It was on this background that a complaint came to be filed before the District Forum, Bikaner, who allowed the complaint and directed the petitioner/Insurance Company to release the payment of Rs. 4.00 lakh under the policies with interest @ 12% per annum w.e.f. 14th July, 1999 and additionally pay a cost of Rs. 500. The order of District Forum was challenged by the petitioner/Insurance Company before the Rajasthan State Consumer Disputes Redressal Commission, Jaipur, who vide the impugned order, while dismissing their appeal, however, reduced the rate of interest on the decreetal amount from 12% to 9%. The petitioner/Insurance Company is challenging this order of the State Commission in this revision petition.

(3.) WE heave carefully perused the records of the case and have also heard the learned Counsel for the parties at length. The learned Counsel for the petitioner has referred to Clause 5 of 'Exceptions' in the Personal Accident Group Insurance Policy, which is at page 62 of the paper -book and relevant portion of Clause 5(a) and (b) read as under: