NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 1429 OF 2010
(Against the Order dated 29/12/2009 in Appeal No. 365/2006 of the State Commission Jharkhand)
1. KARUNA SAHU & ORS.Resident of Zone No. 1, Road No. 2, Sadhubera, P.S. Birsanagar, JamshedpurSinghbhum EastJharkhand2. NEETU SAHU, DAUGHTER OF LATE BHABTARAN SAHUResident of Zone No. 1, Road No. 2, Sadhubera, P.S. Birsanagar, Jamshedpur, JamshedpurSinghbhum EastJharkhand3. NEELU SAHU, DAUGHTER OF LATE BHABTARAN SAHUResident of Zone No. 1, Road No. 2, Sadhubera, P.S. Birsanagar, Jamshedpur, JamshedpurSinghbhum EastJharkhand4. NISHA SAHU, DAUGHTER OF LATE BHABTARAN SAHUResident of Zone No. 1, Road No. 2, Sadhubera, P.S. Birsanagar, Jamshedpur, JamshedpurSinghbhum EastJharkhand
...........Petitioner(s)
Versus
1. LIC OF INDIAJeevan Prakash, Bistupur, P.S. Bistupur, JamshedpurSinghbhum EastJharkhand
...........Respondent(s)
BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MRS. VINEETA RAI ,MEMBER
For the Petitioner :
Mr. Saurabh Suman Sinha, ADv. for MR. ARIJIT MAZUMDAR , Advocate
For the Respondent :
NEMO
Dated : 14 Sep 2010
ORDER
Petitioner/complainant’s husband took two Jeewan Anand policies on 28.8.2002 from the respondent insurance company for Rs.4 Lacs in all.He died on 29.10.2002.Complainant made a death claim before the respondent for the sum assured in both the policies, which was repudiated vide letter dated 11.3.2004 alleging that the
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insured committed suicide and not died due to accident.Being aggrieved, complainant filed a complaint before the District Forum.
District Forum allowed the complaint and directed the respondent to pay a sum of Rs.4 Lacs with interest at the rate of9% per annum from the date of repudiation till realization and Rs.5,000/- for mental agony and Rs.2,000/- as litigation costs.
Respondent being aggrieved filed an appeal before the State Commission which has been allowed.The order of the District Forum has been set aside and the complaint has been ordered to be dismissed.
We agree with the view taken by State Commission.The insured, after having obtained two policies on 28.10.2002 and nominating his wife and brother, died by striking with a running train on 29.10.2002 at 9:30 p.m. at deserted place far away from his residence or working place.Petitioner has not brought any material on record to explain as to what brought the insured to the place of alleged accident at railway crossing with a manned gate.Statement of Lakhicharan Bagel, the gateman who was manning the railway
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crossing, that the insured ran before the train, conclusively proves that the insured had committed suicide.Dismissed.
