ORIENTAL INSURANCE CO LTD Vs. MILIND HARIT

JUDGEMENT

(1.) The present appeal has been filed by the Oriental Insurance Company against the judgment dated 08.07.2015 of the Delhi State Consumer Disputes Redressal Commission, Delhi ('the State Commission') in CC no. 307 of 2008.

(2.) The brief facts of the case are that complainant nos. 1 to 4/ respondents are the legal heirs of the deceased Sahib Singh Harit and they are the beneficiaries of the insurance policy taken from the appellant/ opposite party by the deceased during his life time. The deceased took an insurance policy namely Awasiya Bima Kavach policy bearing no. 46/2005/00484 for a total sum of Rs.50,00,000.00. The said policy was valid from 01.07.2004 to 30.06.2024. On 29.06.2005 the deceased injured his right foot as he fell down from the staircase. After one month of the accident, he complained of severe pain in the same foot. He was taken to the hospital and he was diagnosed with Leg Cellulitis and was admitted in the hospital. On 01.08.2005, the deceased was taken to another hospital where his right leg was amputated. On 06.08.2005, the insured died. After three years of the death of the deceased, the complainants recovered the insurance file from the personal files of the deceased. The complainants thereafter applied for the insurance claim on 25.08.2008. The opposite party vide letter dated 03.11.2008 repudiated the claim by the complainants. Aggrieved, the complainants filed a consumer complaint no.307 of 2008 before the State Commission.

(3.) The opposite party contested the complaint by filing the written version and pleaded that complainants nos.1 to 3 were co-insured and had put their signature on the proposal form. The complainants were very much aware of the insurance policy. As the death was not an accident so the claim was not maintainable and the claim was also time barred. Hence, it was requested to dismiss the complaint. The State Commission allowed the complaint vide its order dated 08.07.2015, observed as under: