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