4-09-2014- The reasons for delay in disposal of this appeal can be seen from the order sheet.

1.        Heard on limitation petition.      On being satisfied with the grounds, the delay of about 27 days in filing this appeal is condoned.

2.        After arguing for some time, Mr. Manish Kumar, learned Counsel appearing for the appellant could not dispute that this appeal is fully covered by the judgement dated 23^rd March, 2012 passed in FA No. 90/2009 by this Forum.

3.          The said FA No. 90/2009 was also filed by the same appellant in which the same Counsel appeared. The facts and circumstances are also similar. The operative portion of the judgement under the said appeal reads as follows:

“The O.P. No. 1 & 2 shall pay a sum of Rs. 2,00,000/- lacs with 9% interest to the claimant from the date of application till its payment.  The O.P. No. 1 & 2 shall also pay Rs. 10,000/- as cost. “

The said FA/90/209 was dismissed with modification that the Insurance Company will not be liable to pay interest on the sum assured and the cost of litigation was further limited to Rs. 5,000.00 only.

In the present case, the operative portion of order under appeal reads as follows:

“Accordingly, the O.Ps. 1 and 2 are directed to settle the claim of the Complaint and make payment of Rs. Five lacs the Insured amount with up-to-date admissible interest, bonus, etc.  and compensation Rs. 7,000.00 (Seven thousand) with litigation cost of Rs.3,000.00 within 30 days from the date of order i.e. today (13.7.11)”

Thus in this case interest on the sum assured has not been granted. Therefore, there is no need to modify the order under appeal in the present case. 

4.        Mr. Manish Kumar then submitted that “murder” is not an “accident”, covered under the policy.    

5.        This argument is also unacceptable in view of the judgement of Maya Devi  Vs  L.I.C. reported in III 2008 CPJ 120 (NC).  There is nothing to show that the deceased was responsible for his murder. 

6.        Thus we find no merit in this appeal.

7.        The statutory amount deposited by the appellant be paid to the Respondent No. 1 through her Lawyer.  The appellant is directed to pay the balance amount as per the order under appeal, within 60 days of this order, failing which the appellant and R-1 will also be liable to pay interest @ 12% per annum from after the expiry of 60 days, till the date of payment/realization.

            With these observations and directions, this appeal is dismissed.

           Issue free copy of this order to all concerned for information and needful.

                         Ranchi,

                        Dated:-04/09/2014