NCDRC

NCDRC

RP/3802/2010

LIC OF INDIA & ANR. - Complainant(s)

Versus

CHHAYA SANTOSH TANDALE - Opp.Party(s)

MR. KAMAL MEHTA

14 Dec 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3802 OF 2010
 
(Against the Order dated 05/05/2010 in Appeal No. 1285/2007 of the State Commission Maharastra)
1. LIC OF INDIA & ANR.
Through Zonal Manager, Northern Zonal Office, Jeevan Bharti Building, Connaught Place
New Delhi
Delhi
2. DIVISIONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA LTD.
Division Office "Jeevan Prakash", Adalat Road
Aurangabad
Maharashtra
...........Petitioner(s)
Versus 
1. CHHAYA SANTOSH TANDALE
Pragati Colony, Gangapur, Tq. Gangapur
Aurangabad
Maharashtra
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MR. KAMAL MEHTA
For the Respondent :NEMO

Dated : 14 Dec 2010
ORDER

          Delay of 66 days in filing the revision petition is condoned.

          Insured had taken a policy in the sum of Rs.1 Lac with double accident benefit.  He was taken to the hospital after he developed pain in his chest and stomach.  On reaching the hospital, he was declared ‘Dead’.  Respondent being the nominee lodged a claim with the petitioner, which was repudiated on the ground that the insured

-2-

had taken poison.  Aggrieved by this, respondent filed the complaint before the District Forum.

          District Forum dismissed the complaint, aggrieved against which the respondent filed the appeal before the State Commission. The State Commission has allowed the appeal.

            Initially, the Doctor, who conducted the postmortem, suspected poisoning and preserved the visra, which was sent for chemical analysis.  Chemical analyst’s report, which is on record, mentions that ‘No poison was detected’.  Since no poison was detected in the visra, it cannot be said for positive that the insured had committed suicide.  Onus to prove that the insured had committed suicide was on the petitioner, which the petitioner has failed.  The chemical analyst’s report blows off the theory of suicide projected by the petitioner.  Dismissed.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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