NCDRC

NCDRC

RP/2201/2011

M/S. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. - Complainant(s)

Versus

MOHINDRO DEVI & ORS. - Opp.Party(s)

MR. SANJEEV NIRWANI

29 Jul 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2201 OF 2011
 
(Against the Order dated 24/01/2011 in Appeal No. 661/2007 of the State Commission Haryana)
1. M/S. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.
through Assitant Manager (Legal)Shri- 2ND Floor,1, DLF Indrustrial Area, Moti Nagar
New Delhi-110015
Delhi
...........Petitioner(s)
Versus 
1. MOHINDRO DEVI & ORS.
Late Shri Shamsher Singh Village & Post office,Dudhla-136156 tehsil Thanesar
Kurukshetra
Haryana
2. Master Devendra Singh, Minor Son of late Shri Shamsher Singh
Village & post office Dudhla-136156, tehsil Thanesa
Kurukshetra
haryana
3. Master jaswinder Singh Minor Son of Shamsher Singh
Village & post office Dudhla-136156, tehsil Thanesa
Kurukshetra
Haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S. K. NAIK, MEMBER

For the Petitioner :MR. SANJEEV NIRWANI
For the Respondent :NEMO

Dated : 29 Jul 2011
ORDER

Challenge in these proceedings is to the concurrent findings and orders of fora below. 

We have heard Mr. Sanjeev Nirwani, learned counsel for the petitioner-insurance company and have considered his submission.  The insurance claim was repudiated only on the ground that the death of the assured was not on account of accident but he had consumed some insecticides while he was under the influence of intoxication or influence of liquor.  This was based on some statements of some villagers.  Otherwise, the case of the complainant throughout was that the assured died while he was spraying the insecticides in his field.  Learned counsel for the petitioner seeks to assail the impugned order on the ground that no bodily injury was caused to the deceased and, therefore, no liability can be fastened on the insurance company.  We have recorded this submission simply to be rejected because the injury envisaged in the body does not necessarily mean visible apparent external injury only and any internal injury which caused harm to the deceased is also bodily injury.  This has been so established in the catena of decisions of this Commission based on certain decisions in several cases.

We see no illegality, material irregularity or any jurisdictional error in the impugned order, which calls for any interference of this Commission under revisional jurisdiction under Section 21(b) of the Consumer Protection Act, 1986.  The revision petition is dismissed.

 

 
......................J
R. C. JAIN
PRESIDING MEMBER
......................
S. K. NAIK
MEMBER

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