NCDRC

NCDRC

RP/4178/2008

LIFE INSURANCE CORPORATION OF INDIA - Complainant(s)

Versus

KIRAN DEVI - Opp.Party(s)

MR. ASHOK KASHYAP

03 Feb 2010

ORDER

Date of Filing: 31 Oct 2008

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/4178/2008
(Against the Order dated 31/07/2008 in Appeal No. 2291/2006 of the State Commission Uttar Pradesh)
1. LIFE INSURANCE CORPORATION OF INDIAassistant Secretary Narthen Zonal office LIC. Jeevan Bharti , Connaught Circus New DelhiDelhi ...........Appellant(s)

Vs.
1. KIRAN DEVIW/o. Late Ram Kumar Sharma, H.No.149, Gaja Wali Kacchi Sadak Muzaffarnagar Uttar Pradesh ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE K.S. GUPTA ,PRESIDING MEMBERHON'BLE MR. JUSTICE R.K. BATTA ,MEMBER
For the Appellant :MR. ASHOK KASHYAP
For the Respondent :NEMO

Dated : 03 Feb 2010
ORDER

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Notice sent to the respondent by registered post on 29.12.09 has not been received back unserved. Since 30 days’ time from date of issue of notice has elapsed, the respondent will be presumed to have been served with notice. By the order dated 23.07.09 notice was issued limited to award of double accident benefit to the respondent. Copy of the insurance policy is placed on the file. Shri Kashyap points out that double accident benefit under the Policy is admissible only in case death of the life assured due to accident and in this case the life assured had died because of lung cancer and the petitioner is, therefore, not liable to pay Rs.25,000/- being the amount of double benefit. There is considerable merit in this submission. Fora below have lost sight of the said facts. Accordingly, revision petition is partly accepted and part of the impugned order in regard to award of Rs.25,000/- towards double benefit is set aside. No order as to costs. Amount in excess of the modified awarded amount allegedly deposited by the petitioner Insurance Company will be refunded to it.



......................JK.S. GUPTAPRESIDING MEMBER
......................JR.K. BATTAMEMBER