Before the District Consumer Disputes Redressal Forum, Rohtak.

                                                                    Complaint No. :  535.

                                                                    Instituted on     : 12.09.2017.

                                                                    Decided on       : 18.04.2019.

Kapoor Singh son of Sh. Gehi Ram, age 73 years, Resident of Village Pakasma, District Rohtak.

                                                                    ………..Complainant.

                             Vs.

1. Life Insurance Corporation of India, Subhash Road, opposite Radio Station, Subhash Road, Rohtak through its Branch Manager, Rohtak.

2. Zonal Manager, Life Insurance Corporation of India, Jeevan Bharti, Cannaught Circus, New Delhi.

……….Opposite parties.

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   SH. VED PAL, MEMBER.

                   SMT. RENU CHAUDHARY, MEMBER.

Present:       Sh. Sanjit Kadian, Advocate for the complainant.

                   Sh. Krishan Lal, Advocate for opposite parties.

                                      ORDER

NAGENDER SINGH KADIAN, PRESIDENT:

1.                          Brief facts of the case are that the son of complainant namely Surender  had obtained an insurance policy No. 178862467 from the opposite party No. 1 for a sum of Rs. 2,00,000/-. Under this policy in the event of accidental death, the insurance cover would be Rs. 2,00,000/- payable to the nominee. The son of the complainant appointed the complainant as his nominee in the policy and during his life time he regularly paid the insurance premium and also paid addition premium for accidental death claim benefit. That the complainant’s son was murdered and his postmortem was conducted in PGIMS, Rohtak. It is alleged that after the death of the insured, the complainant duly informed the opposite parties regarding the said incident and has duly applied for disbursement of claim amount to the opposite parties. After repeated requests of the complainant, the opposite parties only paid an amount of Rs.2,00,000/- and has illegally withheld the remaining amount of Rs. 2,00,000/- as accidental benefit. It is further alleged that the complainant requested the officials of the opposite parties many times to pay the amount of Rs. 2,00,000/- as accidental benefit to him, but the opposite parties had repudiated the genuine claim of the complainant. That the act of opposite parties is illegal and there is deficiency in service. As such, it is prayed that opposite parties may kindly be directed to disburse an amount of Rs. 2,00,000/- as accident benefit alongwith interest, compensation and litigation expenses as explained in relief clause.

2.                          After registration of complaint, notice was issued to the opposite parties. Opposite parties in their reply has submitted that the opposite parties issued the above said policy on the life of complainant’s son with the date of commencement 28.01.2011, mode-half yearly, sum assured Rs. 2,00,000/- and premium Rs. 3567/-. That the said deceased life assured was murdered on 24.03.2011, so, being the present case is of murder simplicitor, hence, as per policy terms and conditions accident benefit is not payable to the complainant. That the competent authority has admitted the liability for BSA on 30.11.2011 and an amount of Rs. 2,00,000/- had been paid on 30.11.2011. It is further submitted that opposite parties had already paid a sum of Rs.2,00,000/- to the complainant under the terms and conditions of policy. It is further submitted that the complainant is not entitled for another sum under accidental benefits in view of the murder of the deceased life assured. It is prayed that complaint may kindly be dismissed with costs.

3.                          Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C4 and has closed his evidence on dated 10.08.2018. Ld. counsel for the OPs tendered documents Ex.R1 to Ex.R9 and closed his evidence on 16.01.2019.

4.                          We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.

5.                          After going through the file and hearing the parties it is observed that as per documents placed on record by the opposite party i.e. copy of FIR Ex.RW5 and copy of judgment Ex.RW9 passed by Hon’ble ADJ, Rohtak on dated 14.10.2016 it is proved that deceased Surender was murdered and the accused were convicted by the Hob’ble Court.  The contention of ld. counsel for the opposite parties is that since the deceased/life assured was murdered and had not died in an accident. Hence accidental claim was not payable to the complainant. Opposite parties has placed reliance upon the law of Hon’ble National Commission, New Delhi in 2015(2)CLT 525 titled as N.Kabilan Vs. New India Assurance Co. Ltd. & Ors. and III(2006) CPJ 213(NC) titled as Prithvi Raj Bhandari Vs. LIC of India & Ors. whereby Hon’ble National Commission has held that: “Insured murdered-Intentional killing proved-Murder not ‘accident’-double accident benefits not payable”.

6.                          In view of the aforesaid law which are fully applicable on the facts and circumstances of the case we come to the conclusion that the murder could not be considered as accident. Hence complainant is not entitled for any relief. As such, present complaint stands dismissed with no order as to costs.

7..                        Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

18.04.2019.

                                                          ................................................

                                                          Nagender Singh Kadian, President

                                                          ..........................................

                                                          Ved Pal Hooda, Member.

                                                          ..........................................

                                                          Renu Chaudhary, Member.