A. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION : ATHYDERABAD
FA 723 of 2012 against CC
Between :
Royal Sundaram Alliance Insurance Ltd
Sundaram Towers, 15,16
Wides Road, Chennai – 600 014
Rep. by its Managing Director
And
01. MRs. Amrita Shah, W/o Late Munawar,
Aged about 40 years, Occ : household
R/o 108, Gayatri Park, View Apartments
32, Jyothi colony, kakaguda, Secunderabad -500 015
02.Tania Shah, D/o Late Munawar shah
Aged about 17 years, Occ :Student
03.Eshaan Shah, D/o Late Munawar Shah,
Aged about 13 years,
2 & 3 are represented by their natural mother
R-1 herein, Amrita shah and
R/o 108, Gayatri Park, View Apartments
32, Jyothi colony, Kakaguda, Secunderabad – 500 015
04.Deshpande Associates,
Rep. by its Director, Mr. Ravi Deshpande
Having its office at 3-6-691/12,
1st
Hyderabad -500029
Emain, deshpande_associates @ rediffmail. Com.
Counsel for the Appellant
Counsel for the Respondents
Coram
And
Thursday, the Twenty Eighth day of February , Two Thousand Thirteen
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01.This is an appeal preferred by the unsuccessful opposite party no.1
02.The gist of the complainant is that late st with the opposite party company
03.In spite of notice by way of publication, the opposite parties did not come forward
04.In the exparte proceedings, the first complainant filed evidence affidavit reiterating the case set out in the complaint and marked Ex. A1 to A13.
05.Having heard the complainants and considering the material on record, the District Forum
06. Feeling aggrieved with the said order the first opposite party filed this appeal
07.
8. Now the point for consideration is whether the order of the District Forum is sustainable?
9. There is no dispute that the deceased Mr. Munawar Shah @ Babloo Bookie, was using Citi Bank Credit Card No. 554637900145018 and through it he obtained Personal Accident Claim Policy vide policy bearing No. PACIT1000200101 from the OP.1 in the year 2002. It is contended that while the policy was in force he was murdered on 02.02.2003 Admittedly the impugned order is an exparte order and whether murder covers under the policy or not is a point to be decided after giving an opportunity
10.Very specifically, the first opposite party contended that on account of communication gap between the head office at Chennai and the Regional office at Hyderabad, the first opposite party could not contest the matter and remained exparte.
11. In the result, the appeal is allowed
