NCDRC

NCDRC

RP/2077/2006

J.R.KUSHALAPPA AND ANR. - Complainant(s)

Versus

LIFE INSURANCE CORPORATION OF INDIA AND ORS. - Opp.Party(s)

MR. CHIDANAND D.L.

13 Jan 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 2077 OF 2006
(Against the Order dated 28/03/2006 in Appeal No. 936/2004 of the State Commission Karnataka)
1. J.R.KUSHALAPPA AND ANR.NO 281, VIVEK NAGAR SATYAMANGALA EXTENSION YADIYUR ROAD , HADDAN ...........Petitioner(s)
Versus
1. LIFE INSURANCE CORPORATION OF INDIA AND ORS.SOUTH CENTRAL ZONAL OFFICE JEEVAN BHAGHYA SAIFABAD HYDERABAD-500063 ...........Respondent(s)

BEFORE:

For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 13 Jan 2010
ORDER

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Deceased J.K. Shobha, d/o petitioner obtained Bima Kiran policy from respondent also showing herself to be LIC agent, effective from 28.2.2001. As ill-luck would have it, the assured died on 27.7.2001 for which a claim was lodged with insurance company for payment of assured amount under the policy. The claim was however repudiated by insurance company holding suppression of fact, as assured was not an agent of LIC agency having terminated on 1.7.1997. Aggrieved with repudiation, a complaint came to be filed with District Forum which was resisted by insurance company reiterating same grounds for repudiation of claim. The District Forum however having over-ruled contentions raised on behalf of insurance company while accepting claim directed insurance company to pay a sum of Rs. 2,00,000/- to complainants default of which was to render them liable to pay interest @ 12% p.a. Cost of litigation of Rs. 500/- was also awarded by District Forum. 2. In appeal that was preferred by insurance company, the State Commission while upholding basic finding of the District Forum about eligibility of respondent for receipt of claim modified award of compensation from Rs. 2,00,000/- to Rs. 1,00,000/- which was payable by insurance company. The respondent being not satisfied with the finding of State Commission filed present revision petition seeking restoration of the order of District Forum stating inter-alia that in view of harassment suffered by petitioner, sum of Rs. 1,00,000/- awarded by State Commission was too inadequate to mitigate the sufferings. 3. Both the District Forum and State Commission have nicely dealt with the issue over-ruling contentions raised on behalf of respondent that requirement of policy under Bima Kiran was only to secure assurance for payment of premium from self employed women and as deceased had also other professions too, repudiation of claim was exfacie invalid. The State Commission having noticed assured value under policy have rightly modified the award of the District Forum. 4. In our view, finding of State Commission does not suffer irregularity. The revision petition in the circumstances being devoid of merits is dismissed but without order as to cost.