NCDRC

NCDRC

RP/3278/2010

BAJAJ ALLIANZ LIFE INSURANCE CO. LTD. & ANR. - Complainant(s)

Versus

ABHINAV PORWAL & ORS. - Opp.Party(s)

M/S. PRA LAW OFFICES

11 Oct 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 3278 OF 2010
(Against the Order dated 07/05/2010 in Appeal No. 2162/2007 of the State Commission Madhya Pradesh)
1. BAJAJ ALLIANZ LIFE INSURANCE CO. LTD. & ANR.Through Ms. Nivedita Chakravorty Authorized Signatory, Head Office: G.E. Plaza, Airport Road, YerwadaPuneMaharashtra2. BRANCH MANAGER, BAJAJ ALLIANZ LIFE INSURANCE COMPANY LTD.Mansarovar Complex, Opposite Dindayal Parisar, Arera ColonyBhopalMadhya Pradesh ...........Petitioner(s)
Versus
1. ABHINAV PORWAL & ORS.E-7/648, Arera ColonyBhopalMadhya Pradesh2. MASTER SIDDHANT PORWAL, MINOR REPRESENTED THROUGH MR. RAJESH PORWALE-7/648, Arera ColonyBhopalMadhya Pradesh3. RAJESH PORWAL, S/O. MR. NEMI KUMAR PORWALE-7/648, Arera ColonyBhopalMadhya Pradesh ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE R.K. BATTA ,PRESIDING MEMBERHON'BLE MR. VINAY KUMAR ,MEMBER
For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 11 Oct 2010
ORDER

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PER MR. JUTICE R.K. BATTA, PRESDIING MEMBER Heard Counsel for the Petitioner. Delay of 25 days in filing the revision is condoned. The State Commission after perusal of the record as also the case summary has come to the conclusion that it was not a case of suicide, but death was due to cardio respiratory arrest. Reliance was placed on the affidavit of Dr. Bhise who had stated that there was strong suspicion of poisoning. It is now well settled that suspicion howsoever strong cannot be take the place of proof. The affidavit of Dr. Aggarwal supported the case of the Complainants that the deceased had died due to cardio respiratory arrest and intra celebral bleeding. The State Commission further held that the Insurance Company had failed to prove that it was a case of suicide and on the contrary it was established that it was a case of cardio respiratory arrest and intra celebral bleeding. In our opinion, the findings of the State Commission are founded on the basis of material on record, especially medical evidence on record and as such we do not find that any case has been made out for interference in the exercise of revisional jurisdiction under Section 21(b) of Consumer Protection Act, 1986 as we do not find any jurisdictional error, illegality and material irregularity in the order of the State Commission. The revision is accordingly dismissed with no order as to costs.


......................JR.K. BATTAPRESIDING MEMBER
......................VINAY KUMARMEMBER