Jharkhand

StateCommission

A/36/2015

Manish Kumar - Complainant(s)

Versus

Branch Manager, Bajaj Allianz General Insurance Co. Ltd. - Opp.Party(s)

M/s Sanjay Kumar Pandey & Anurag Kumar

12 Aug 2015

ORDER

JHARKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION,RANCHI FINAL ORDER

First Appeal No. A/36/2015 (Arisen out of Order Dated 21/01/2015 in Case No. CC/40/2013 of District Kodarma)   1. Manish Kumar Mahalla-Addi Bungalow, IMS Road, Ward No. 8, P.O. & P.S.- Jhumri Telaiya Koderma ...........Appellant(s) Versus 1. Branch Manager, Bajaj Allianz General Insurance Co. Ltd. 504, Mahabir Tower, in front of Church Complex, Main Road Ranchi-834001 2. Branch Manager, Bajaj Allianz Life Insurance Company Limited First Floor, Hotel Krishna International, Ranchi- Patna Road, in front of Police Station, Jhumri Telaiya, P.O. & P.S.- Jhumri Telaiya, District- Koderma-825409 3. Amit Agrawal Lalla Babu Shakti Battery Shop, Ranchi-Patna Road, Kali Mandir ( Samanto Petrol Pump ), Jhumri Telaiya, P.O. & P.S.- Jhumri Telaiya Koderma ...........Respondent(s)

BEFORE:     HON'BLE MR. JUSTICE R.K. Merathia PRESIDENT

For the Appellant: For the Respondent:

ORDER Due to long and uncertain period of absence of the Members, single member bench of President is functioning in their absence, in view of the order of Hon’ble National Commission in Revision Petition No. 4434 of 2014, in the matter of Mr. Netaji Surrendra Mohan Nayyar -vs- Citibank; and the judgment passed by Hon’ble Kerala High Court in the W.P. (C) No. 30939 of 2010 (N) P.K. Jose –vs- M. Aby & ors. Inspite of fixing this case for passing ex-parte order, nobody appears on behalf of the appellant. This appeal has been filed without a petition for condonation of delay of about two days. By the impugned judgment, the learned District Forum has upheld the repudiation of accident insurance claim holding that it was not a case of accidental death covered under the policy. According to the complainant, the insured died due to CVA, i.e. “Cerebrovascular Accident”, as per the post-mortem report. But as per Wikipedia “Stroke, also known as Cerebrovascular Accident (CVA)…………. is when poor blood flow to the brain results in cell death”. In the circumstances, even if the delay of about two days in filing this appeal is ignored, no grounds are made out for interfering with the impugned judgment. Accordingly, this appeal is dismissed.

[HON'BLE MR. JUSTICE R.K. Merathia] PRESIDENT