Tribunals and Commissions(2003) 03 NCDRC CK 0026

Life Insurance Corporation of India vs SEBATI MUNDA

National Consumer Disputes Redressal Commission · Decided on 31 March 2003 · Citation: 2003 4 CPJ 508 : 2004 1 CPC 39

HON’BLE JUDGES
D.M.Patnaik , Arati Mohanty , Pramodnath Das J.
RESULT
Appeal dismissed

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Judgment

2 paragraphs · 338 words
1.

THIS is a case of non-payment of insurance claim. The case in brief is that the deceased husband of the complainant Late Shyam Ch. Munda insured his life with L.I.C. of India for a sum of Rs. 10,000/- vide Policy No. 590953197 through agent Sri Satya Narayan Mishra. The proposal was accepted by the L.I.C.I. after due enquiry and verification about the health condition.

2.

THE deceased was a Masson and the only earning member of the family. On 8.11.1999 evening while returning from field after completion of work, he fell down and sustained injury on his head and chest. On next morning he was shifted to District Headquarter Hospital, Deogarh where he died on 9.11.1999. After death, the complainant applied for the death benefit being the legal heir. She requested the authorities several times but they paid a deaf ear towards it. So she filed this case claiming compensation for mental agony and realisation of insurance claim. L.I.C.I. filed the written version taking the plea that the deceased was suffering from T.B. and suppressed the truth. We have gone through the written note of arguments submitted by L.I.C.I. in details. The District Forum has held that, there was no material from the side of the L.I.C.I. to show that prior to the signing of the proposal, the deceased was suffering from T.B. It further held that the observation of the doctor on the bed head ticket was not proved by any expert opinion as to the cause of death. After careful consideration of facts and circumstances, we are of the opinion that the complainant is entitled to get the insurance claim amount. We, therefore, order that L.I.C.I. to pay insurance money of Rs. 10,000/- with bonus alongwith interest @ 10% per annum from the date of order of the lower Court and Rs. 500/- towards cost. We modified the District Forum order accordingly. Appeal is dismissed. The order be complied within a period of two months from the date of communication of the order. Appeal dismissed.