KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUANANTHAPURAM APPEAL NO.751/05 JUDGMENT DATED 28.5.2010 PRESENT SRI.M.V.VISWANATHAN -- JUDICIAL MEMBER SRI M.K.ABDULLA SONA -- MEMBER 1. Life Insurance Corporation of India, Branch Office Chalakudy Rep. by the Branch Manager, Chalakudy Branch, Thrissur District. 2. Senior Divisional Manager -- APPELLANTS Life Insurance Corporation of India Divisional Office, Jeevan Prakash, M.G.Road, P.B.No.113 Ernakulam Pin 682011. (By Adv.Easwar & Ors) Vs. 1. Jaseentha Varghese, w/o late E.V.Varghese, Eacharath house,
P.O.Perambra, Thrissur District. 2. Melvin Varghese, -- RESPONDENTS S/0 Jaseentha Varghese, Eacharath House, P.O.Perambra, Thrissur District. 3. Meril Varghese, rep. by Mother Jaseentha Varghese, Eacharath House, P.O.Perambra, Thrissur District. JUDGMENT SRI.M.V.VISWANATHAN,JUDICIAL MEMBER The above appeal is preferred from the order dated 17th August 2005 passed by CDRF, Thrissur in OP.No.517/04. The complaint therein was filed by the respondents herein as complainants 1 to 3 claiming insurance amount due under New Jeevanshree Policy No.774176478 issued in the name of the life assured E.V.Varghese. The first complainant is the widow and complainants 2 and 3 are the children of the policy holder late E.V.Varghese. The life assured E.V.Varghese died on 15.10.03. After the death of the life assured, the complainants preferred the insurance claim due to them as legal heirs and legal representative of the life assured. The opposite parties 1 and 2 are the Branch Manager and Sr.Divisional Manager of LIC of India. The aforesaid policy was issued from the Branch of the first opposite party. The opposite parties repudiated the aforesaid claim made by the complainants, on the ground that the life assured committed suicide within one year of the date of the policy. Hence the aforesaid complaint in OP.517/04. 2. The opposite parties raised the very same contentions in the said complaint in OP.517/04. From the side of the parties to the said complaint P1 and R1 to R6 documents were produced. On the basis of the documentary evidence on record, the Forum below passed the impugned order directing the opposite parties to pay to the complainants Rs.20 lakhs with interest at the rate of 9% per annum from the date of the complaint till realization and cost of Rs.1500/-. Aggrieved by the said order, the present appeal is filed by the opposite parties therein. 3. There is no dispute that the late E.V.Varghese had taken life insurance policy under the name New Jeevanshree with policy No. 774176478. Admittedly, the date of commencement of the said policy was on 27.9.02 with maturity date as on 27.9.2022. The appellants/opposite parties repudiated the insurance claim with respect to the aforesaid policy by relying on Clause 6 of the policy condition. It is as follows:- “This policy shall be void if the Life assured commits suicide (whether sane or insance at the time) at any time on or after the date on which the risk under the policy has commenced but before the expiry of one year from the date of this policy and the corporation will not entertain any claim by virtue of this policy except to the extent of a third party’s bonafide beneficial interest acquired in the policy for valuable consideration of which notice has been given in writing to the office to which premiums, under this policy were paid last, at least one calendar month prior to death”. 4. The aforesaid clause 6 of the policy condition would make it abundantly clear that if the life assured has committed suicide before the expiry of one year from the date of the policy, the LIC of India will not be liable to entertain any claim under the said policy. Admittedly the life assured died on 15.10.03 and the date of the policy was 24.10.02. It can be seen that the death of the life assured occurred within one year of the date of the policy. In other words, the death of the life assured was before the expiry of one year from the date of the policy. 5. The Forum below has gone wrong in computing the period of one year from date of commencement of the policy. It is true, that the aforesaid policy had commenced on 24.9.02. If the period is calculated from the date of commencement of the policy, it can be held that the death of the life assured occurred after the expiry of one year. But, the aforesaid interpretation and calculation made by the Forum below cannot be accepted, in the light of the specific and clear provision contained in Clause 6 of the policy condition [ (1998) 7 SCC 348]. 6. The next important and crucial aspect for consideration is as to whether the life assured committed suicide. The definite case of the appellants/opposite parties is that the life assured E.V.Varghese committed suicide on 15.10.03. The appellants relied on R2 death certificate issued from Ministry of Public Health, Preventive Health Department, Doha Qatar. As per R2 death certificate, the life assured E.V.Varghese died on 15.10.03 and the cause of death is shown suicidal hanging. The place of death is also shown as Qatar. The death was registered with Registration No.1025/03 and the date of issue of the death certificate is shown as 22.10.03. R2 death certificate would so show that the aforesaid death certificate is issued based on the entry in the Register of Deaths of Public Health Section, Doha. It is signed by Director of Preventive Health Department. The Forum below was not prepared to rely on R2 death certificate. It is to be noted that the appellants/opposite parties have categorically contended that R2 death certificate was produced by the respondents/complainants. It is further to be noted that the respondents/complainants have not disputed the genuineness and correctness of R2 death certificate. It is further to be noted that R4 claimant’s statement filed by the first complainant Jaseentha Varghese would also show that the life assured E.V.Varghese committed suicide and the cause of death is shown as suicidal hanging. The aforesaid claimant’s statement dated 23.12.03 signed by the first complainant and attested by the LIC agent V.R.Vasudevan would also make it abundantly clear that the complainants have also admitted the fact that the life assured had died due to suicidal hanging. Thus, the respondents/complainants admitted the fact that the life assured had suicidal death. Ext.R5 is the certificate of identity and Burial or Cremation. R5 document would also show that the life assured E.V.Varghese died at Qatar on 15.10.03 and the cause of death is shown as hanging, and that the body of the deceased was buried on 23.10.03 at 4 P.M at St.Antony’s Church, Perambra. Thus, the documentary evidence on record would make it crystal clear that the life Assured committed suicide by hanging. The Forum below cannot be justified in rejecting R2 death certificate and also in refusing the case of the appellants/opposite parties that the life assured had suicidal death on 15.10.03. If that be so, the appellants/opposite parties are perfectly justified in repudiating the insurance claim under the aforesaid New Jeevanshree Policy which was issued in the name of the life assured E.V.Varghese. The appellants/opposite parties have not committed any deficiency in service in repudiating the insurance claim made by the respondents/complainants by relying on clause 6 of the policy condition. The impugned order passed by the Forum below is liable to be set aside and the complaint in OP.517/04 is to be dismissed. Hence we do so. In the result, the appeal is allowed. The impugned order passed by the forum below is set aside. The complaint in OP.517/04 on the file of CDRF, Thrissur is dismissed. As far as the present appeal is concerned, the parties are directed to suffer their respective costs. M.V.VISWANATHAN -- JUDICIAL MEMBER M.K.ABDULLA SONA -- MEMBER | 
