No. 4/17.02.2009.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant through Miss S. Roychoudhury, the Ld. Advocate, Respondent Nos. 1 & 2 through Mr. Sarojit Dey, the Ld. Advocate who files Power and Respondent No. 3 through Mr. Bhibas Mondal, the Ld. Advocate are present.  Appellant and Respondent No. 3 files BNA with a copy to the other side.

This appeal was filed against the judgement dated 24.10.2008 by the D.C.D.R.F. North 24 Pgs. in DF Case No. 176(W)/2007 whereby the complaint was dismissed.  We have heard Miss Roychoudhury, the Ld. Advocate for the Appellant who contends that the impugned judgemet is liable to be set aside as it did not appreciate the actual scope of the claim.  Her contention is that the record clearly shows that there was an accident suffered by the insured on 16.06.2006 and he ultimately died on 22.11.2006.  The contention of the Ld. Advocae is that the Trial Forum erred in considering the requirement of post mortem report for the purpose of finding the justification of the claim as the case of the Complainant is not that the death was an accidental death but it was claim on death due to accident.  It is contended that the insured suffered substantial disablement due to accident which justifies a claim in the present case as the Policy was covering both the cases of death and disablement.

The Ld. Advocate for the Respondent Nos. 1 & 2 and Ld. Advocate for the Respondent No. 3 have been heard who advanced their respective contentions.

We have considered admittedly that the claim in respect of disablement cannot be made particularly when the patient admittedly died and thereafter claim was made in view of the death as a result of accident.  There is no medical certificate showing disablement at all or extent of disablement as a result of the accident.

With regard to the claim on the death of the insured we do not find any material to show that the cause of death was the accident.  The Complainant was not successful in proving the same.  The Ld. Advocate arguing on behalf of the Complainant - Appellant has failed to produce any material to show us satisfactorily that the cause of death of the insured was the said accident which took place more than five months before the death.

In the above circumstances we do not find any ground for interference with the impugned order and the appeal accordingly fails and hereby dismissed.