Petitioner insurance company was the opposite party before the District Forum. 

          Respondent/complainant, being the father of the deceased insured, had taken a life policy with Double Accident Benefit for his son in the sum of Rs.50,000/- from the petitioner.  His son died in an accident.  Being the nominee, complainant filed an insurance claim with the petitioner.  Petitioner paid a sum of Rs.49,512/- after deducting the premium amount of Rs.488 by way of cheque but refused to make the payment for the Double Accident Benefit of the equal amount.  Complainant, being aggrieved, filed a complaint before the District Forum.  District Forum allowed the complaint and directed the petitioner to pay the sum of Rs.50,000/- as Accident Benefit of the policy along with interest at the rate of 9% with effect from 18.11.2003, i.e., the date of filing of the complaint till realization.  Rs.2,000/- were ordered to be paid as compensation and Rs.1,000/- as costs.

          Petitioner, being aggrieved, filed an Appeal before the State Commission. The stand taken by the petitioner was that Double Accident Benefit was not given as the policy was in lapsed condition.  State Commission, in its order, has observed that the petitioner, after having accepted the premium and paying the amount of the policy, could not deny the accident benefit on the ground that the policy was in a lapsed condition.

          We have heard the counsel for the petitioner.  We agree with the view taken by the State Commission.  The petitioner, having paid the insured amount treating the policy not to be lapsed, could not deny the benefit of double accident on the ground that the policy had lapsed on the date of the accident.  Petitioner cannot be permitted to blow hot and cold.  Counsel for the petitioner, at the end, submitted that the respondent had accepted the money in full and final settlement.  This argument has to be noticed and rejected.  The benefit has to be given under the policy and not on the basis of the receipt given by the complainant.  Dismissed.