Jharkhand

StateCommission

FA/107/2011

Branch Manager, National Insurance Company Limited - Complainant(s)

Versus

Prabhat Singh - Opp.Party(s)

Mr. G.C. Jha

04 Mar 2015

ORDER

JHARKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION,RANCHI
FINAL ORDER
 
First Appeal No. FA/107/2011
(Arisen out of Order Dated in Case No. of District )
 
1. Branch Manager, National Insurance Company Limited
Umapati Banerjee Road ( Near Bajala Chowk ), P.O. & District- Deoghar
2. The Divisional Manager, National Insurance Company Limited
Division -III, Shakespeare Sarani, 6th Floor, Kolkata-700071
...........Appellant(s)
Versus
1. Prabhat Singh
Sarawan, P.O. & P.S.- Sarawan, District - Deoghar
2. Golden Trust Financial Services
S.B. Mention, R.N. Mukherjee Road, kolkata-7000071, West Bengal
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE R.K. Merathia PRESIDENT
 HON'BLE MRS. Sumedha Tripathi MEMBER
 HON'BLE MR. Ajit Kumar MEMBER
 
For the Appellant:
Mr. G.C. Jha, Advocate
 
For the Respondent:
ORDER

04-03-2015 - The reasons for delay in disposal of this appeal can be seen from the order sheets.

          This case was fixed for exparte order. Nobody appears on behalf of the respondents.

2.       A petition for condonation of delay of about 127 days in filing this appeal was filed on the grounds mentioned therein.

There being no contest, the delay is condoned.

3.       Mr. Jha, learned counsel appearing for the appellant assailed the impugned judgement on various grounds and submitted that murder is not accident covered under the policy.

4.       The learned District Forum interalia held that inspite of informing the Insurance Company within a reasonable time of the murder of insured- father of the complainant - Nominee- R-1, the Insurance Company did not settle the claim and therefore there has been deficiency in service on the part of the O.P.No.1 & 2 / Insurance Company.

5.       In the case reported in III (2008) CPJ  120 (NC)  Maya Devi -vs-  LIC it has been interalia held by Hon’ble  National Commission,  that if the insured was not responsible for his murder, murder would amount to an accident.  There is nothing to show that the insured had any role in his murder.

6.       In the circumstances it has to be held that the complainant was entitled to the claim.

7.       In our opinion no grounds are made out for interference with the impugned judgement. Accordingly this appeal is dismissed.

 

          Issue free copy of this order to all concerned for information and needful.

          Ranchi,

          Dated:-04/03/2015

 
 
[HON'BLE MR. JUSTICE R.K. Merathia]
PRESIDENT
 
[HON'BLE MRS. Sumedha Tripathi]
MEMBER
 
[HON'BLE MR. Ajit Kumar]
MEMBER

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