Dtd.19.08.2024                                            A/966/2014

O R D E R

       BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.

1.    This is an appeal filed U/s.15 of CPA 1986 by OPs.1 & 2/Appellants aggrieved by the order dtd.31.05.2014 passed in CC/4/2014 on the file of Bidar District Forum. (Parties to the appeal henceforth are referred to their rank assigned to them by the District Commission).
2. The Commission examined grounds of appeal, impugned order, appeal papers and heard the learned counsels. Now the point that arise for consideration of this Commission would be:

Whether the impugned order dtd.31.05.2014 passed in CC/4/2014 does call for an interference of this Commission for the grounds set out in the appeal memo ?

3.  The District Forum held OPs.1 & 2 jointly and severally liable to pay a sum of Rs.1 lakh together with interest at 9% p.a. from the date of complaint till realisation towards the accidental death benefit and to pay Rs.2,000/- towards cost of proceedings. It is this order being assailed by OPs.1 & 2 who failed to file their written version within the statutory period and they have also failed to participate in the complaint proceedings, despite giving sufficient time and opportunity failed to place either affidavit evidence or documents on record to rebut the materials placed by Smt.Lakshmi, the sister of insured/Ramshetty.
4. It is to be observed herein from the enquiry held by the District Forum,  Ramshetty S/o Gundappa   had obtained LIC policy bearing no.664290577 under table and term 14-20 for an assured sum of Rs.1 lakh and the complainant herein is nominee under the policy. It has also come in the enquiry, insured/Ramshetty was unmarried as such Complainant being his sister as his nominee under the said policy is entitle to receive the death benefits. The District Forum found insured was paying the premiums regularly till his death. She has also stated in her complaint and evidence that on 28.11.2010 her brother Ramshetty,  had gone to the river along with cattle to   provide  water   and also to  wash them and while doing so was suddenly  attacked by   epilepsy as a result   fell down in the river and  he died due to drowning. The DF found from the enquiry that his death was purely an accidental death. In order to come such conclusion the DF also appreciated the police papers and on the contrary even before this Commission, Appellants placed nothing to rebut the materials on record to establish that his death was as a result of suicide.
5. If we examine PM report and the inquest conducted by the Police discloses Ramshetty died due to Asphyxia due to drowning and nowhere stated that his death was a suicide. In such circumstances, the OPs being insurers instead of settling the claim have denied the benefits of policy treating his death was a case of suicide. In this regard, District Forum has to be held right in passing the impugned order. In other words viewed from any angle DF cannot be said not properly  appreciated the materials on record, as such as per terms and conditions of the policy marked as Ex-P5, OP being insurer  is  bound to pay the sum assured at  Rs.1 lakh as Ramshetty insured died before 14.12.2026. The contention of insurer that Ramshetty was suffering from epilepsy which being disclosed through police papers was suppressed by the insured before obtaining the policy or insured had suppressed the epilepsy disease in his proposal form is not at all  established. In such circumstances, viewed from any angle, impugned order does not call for any interference of the Commission. Hence we proceed to dismiss the appeal with no order as to cost.
6. The amount in deposit is directed to be transferred to the District Commission for needful.
7. Return the LCR to the District Commission.
8. Notify copy of this Order to the District Commission and parties.

   Lady Member                                Judicial Member               

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