KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISION, VAZHUTHACAD, THIRUVANANTHAPURAM
APPEAL 285/07
JUDGMENT DATED: 25.8.08
PRESENT
JUSTICE SRI. K.R.UDAYABHANU : PRESIDENT
SMT.VALSALA SARANGADHARAN : MEMBER
SRI.M.K.ABDULLA SONA : MEMBER
Surendran Vadakayil, : APPELLANT
S/o Govindan,
Vadakayil House,
Naduvil amsom & desom, Kudiyamala.P.O.,
Taliparamba Taluk.
(By Adv.Mahesh.N.G)
Vs.
1. Life Insurance Corporation of India, : RESPONDENTS
rep. By its Divisional Manager,
Divisional Office,, Jeevan Prakash,
P.B.No.117, Kozhikode.
2. Branch Manager,
Life Insurance Corporation of India,
Thaliparamba Branch.
(By Adv. G.S.Kalkura)
JUDGMENT
JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT
The appellant is the complainant in OP.244/02 in the file of CDRF, Kannur.
2. The case of the appellant is that during the coverage period of the Accident Benefit Policy he met with an accident and lost both his palms. According to him he was engaged in painting works of a building . He was a professional painter.
3. On the other hand the respondent/LIC contended that the appellant was handling explosives and that the incident took place on 10.1.01. It is mentioned that complainant was engaged in manufacturing country bombs. According to them the incident took place in the backyard of unoccupied house. FIR was registered in the matter. FIR, medical report as well as the police report indicated that the incident took place as alleged by the respondent. The company is not liable to pay in case the incident took place when the person was engaged in an unlawful activity.
4. The evidence adduced consisted of the testimony of PW1 and Ext.A1; Ext.B1 to B7.
5. The counsel for the appellant has relied on the decision reported in Baldev Singh V.State of Punjab(1990)4 SCC 692 in support of his case that the FIR is not substantiative evidence. There is no dispute with respect to the above proposition that in a criminal case the FIR as such unless corroborated is not an evidence that can be relied on against the accused. We find the relevance is confined to the trial of a criminal case. It was pointed out by the counsel for the opposite party that the accused has been
