(Contd.......2)<br /> -2-<br /> The reason of the death shown as per the certificates of death is heat stroke. The dead body was flown to India from Doha to Calicut by airway with the bill No. 05838645961 . The body was accompanied by Mr. Elayedath Majeed an Indian passport holder No. F 512615. The Complainant lodged before the Opposite party the claim of the amount for which the insured was already joined. The Opposite party rejected the claim on the reason that the heat stroke is not accidental. The Opposite party rejected the claim with baseless interpretations, and concluded that the death is not accidental. The Complainant prayed for the direction to the Opposite party to pay Rs. 5,00,000/- to the Complainant with 12% interest from the date of refusal of the policy amount. The Opposite party may also be directed to give the Complainant Rs. 1,27,048/- covered by the policy for accompanying the dead body including the ambulance charges and cost of coffin, the legal expenses Rs. 25,000/- also to be paid to the Complainant.<br /> <br /> The Opposite party is declared exparte. The Complainant filed the proof affidavit Ext. A1 is the attested copy of the policy numbered 710602/48/2005/15429/PB. The policy covers the period in between 22.4.2006 to 21.4.2008. Ext. A2 is the attested copy of the death certificates dated, 30.7.2007 and the attested copy of the letter issued by the Indian Embassy on 3.7.2007 is Ext. A3. The letter is give from the Calicut airport and the attested copy of the letter is Ext. A4. Ext. A5 is the attested copy of the airway bill. The death of the insured covers the period of insurance. The death certificates Ext. A2 shows that the cause of death is heat stroke with DIC, Cardiff premature arrest. Ext. A1 evinces the benefits offered in the schedule in section 1 to 3. The personal accident benefit is Rs. 25000/-. The policy covers as in the reminder portion of the section of the same schedule, transportation expenses, reputed<br /> (Contd.......3)<br /> -3-<br /> expenses, hospitalisation expenses. The Opposite party rejected the claim for the specification that heat stroke is not accident. The honorable National Commission in Ritha devi @ Ritha Gupta versus National Insurance Co. Ltd. and others CPR 2008 (1) Page No. 96 NC. Held that the injury or death caused by defusing sun strock or earth quake can also be treated as an accident. In the above case the Complainant was died due to cold wave. The Complainant's husband was died to exposer to the natural event. Heat stroke is untoward incident one cannot expect or design. It is inherent apart form expectation of an ordinary reasonable man. The death of the Complainant's husband is an accident. The denial of the insurance claim by the Opposite party is a deficiency in service. The Opposite party is entitled to give the Complainant the benefit of policy along with cost and compensation. <br /> <br /> In the result the Opposite party is directed to give the Complainant Rs. 5,00,000/- (Rupees five Lakh only) the policy amount to the Complainant with 12% interest from the date of filing this petition till the payment. The Complainant is also entitled for the subsidiary claims also. Towards the transportation Coffin and the expenses of the escorter Rs. 50,000/- (Rupees Fifty thousand only) is to be given by the Opposite Party within one month from the date of receival of this notice. In case of any failure on the part of the Opposite party the Complainant is entitle to execute this order as per the provisions of law.<br /> Pronounced in open Forum on this the 26th day of February 2008.<br /> PRESIDENT: Sd/-<br /> MEMBER: Sd/-<br /> <br /> /True Copy/<br /> PRESIDENT, CDRF WAYANAD.<br /> -4-<br /> APPENDIX<br /> Witnesses for the Complainant:<br /> Nil<br /> Witnesses for the Opposite party:<br /> Nil<br /> Exhibits for the Complainant:<br /> A1 Copy of the Insurance policy. <br /> A2 Copy of the Death Certificate.<br /> A3 Copy of the Form of Registration of Death Indian Citizens.<br /> A4 Copy of the letter issued by Calicut Airport.<br /> A5 Copy of the Airway Bill.<br /> <br /> Exhibits for the Opposite Party:<br /> Nil<br /> <br /> PRESIDENT, CDRF WAYANAD.<br /> <br /> <br /> Compared by:<br /> <br /> M/-