Petitioner was the opposite party before the District Forum.

Late Sh. Rameshwar Lal (deceased husband of the complainant/respondent) had taken an accidental insurance policy for a sum of Rs.30,000/-.  He died on 05.8.2005.  Respondent lodged a claim with the petitioner which was repudiated on the ground that the deceased, at the time of taking the policy, had suppressed material facts regarding his heath that he was suffering from disease and was under the treatment for the same. 

District Forum allowed the complaint, aggrieved against which the petitioner filed an appeal before the State Commission.  The State Commission allowed the appeal.  Order of District Forum was set aside and complaint disposed while doing so, State Commission  awarded Rs.10,000/- ex gratia.

This Commission in “Revision Petition No.858/2009 LIC Vs. Prahlad Singh” and other connected matters decided on 17.12.2009, has held that the consumer fora cannot order payment of ex gratia amount without concurrence of insurance company.  The impugned order runs counter to the decision rendered by this Commission in the case supra. 

Since the amount involved in the present case is only Rs.10,000/-, we decline to interfere with the impugned order but hold that the ex-gratia payment ordered by the State Commission was not within the jurisdiction.  Revision petition is dismissed.