KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

                                               APPEAL  NO:66/2010

                              JUDGMENT DATED:07..04..2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                :  PRESIDENT

SHRI.M.K. ABDULLA SONA                                      : MEMBER

National Insurance Company Ltd.,

Aluva Divisional Office,

Post Box No:89, Urubath Bldg;                                     : APPELLANT

Pump Junction, Aluva – 683 101.

(By Adv: Sri.S.Rajeev)

          Vs.

1.Elsy Polachan,

  Thottungal House,

  Manjikkad Junction, Mookkanoor.P.O.

2.Life India,                                                                           : RESPONDENTS

  Children Birth day Fund and Educational-

  Project, Reg.No:128/IV/99 Regd. &

  Administrative Office, Surya Complex,

  Market P.O, Muvattupuzha-686 673.

                                                JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU:  PRESIDENT

The appellant is the 1^st opposite party/Insurance company in CC:317/08 in the file of CDRF, Ernakulam.  The appellant is under orders to pay the assured amount of Rs.2.lakhs with interest at 6% from the date of complaint.

2. The matter relates to the insurance claim with respect to the personal accident policy.  There is no dispute that the deceased was covered by the policy.

3. The evidence adduced consisted of PW1, Exts.A1 to A10 and B1 to B3.

4. The deceased/assured was murdered.  There is no case that murder would not attract the policy.  It is the case of the appellant that the deceased was having illicit relationship with his housemaid who was subsequently married by the accused and that thereafter the deceased used to tease the accused mentioning his previous relationship with the housemaid and that the same infuriorated the accused and led him to murder the assured.  It is the case of the appellant that in fact the deceased committed breach of law.  Hence he will not be for the benefits of the policy, as per the terms of the policy.  The appellant is relying on the recitals in the charge sheet.  We find that the charge sheet is only evidence as to the fact that the accused has been chargesheeted.  The recitals therein cannot be used to disclaim the policy. 

5. We find that there is no scope for admitting the appeal.

In the result the appeal is dismissed in-limine.

Office will forward a copy of the order to the Forum urgently.

JUSTICE K.R.UDAYABHANU:  PRESIDENT

M.K. ABDULLA SONA : MEMBER

VL.