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

          The dispute involved between the parties is that the complainant’s deceased brother-in-law had obtained a policy on 15.1.2002 from the petitioner in the sum of Rs.1 Lac.  The said policy lapsed due to non-payment of the premium but was revived on payment of premium with late fee on 17.9.2002.  The insured died on 19.9.2002.  Respondent, who was the Nominee, filed a claim before

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the insurance company which was repudiated on the ground that the deceased had died on 16.9.2002 and not on 19.9.2002.

          District Forum dismissed the complaint, aggrieved against which the respondent filed an appeal before the State Commission.  The State Commission reversed the order passed by the District Forum and held that the respondent had died on 19.9.2002.  For coming to this conclusion, State Commission recorded the finding as under:

“Appellant-complainant besides her own affidavit has filed certificate of death issued by local Gram Panchayat as also by the registrar of Birth and Death evidencing that the deceased had died on 19.0.2002.  Another certificate of same Gram Panchayat has been filed certifying that the deceased was cremated on 20.9.2002.  An affidavit of one Omlal a resident, shopkeeper of the same village has been filed to testify that the deceased had died in front of his shop on 19.9.2002.

There is absolutely on challenge or rebuttal to this documentary and oral evidence of the appellant- complainant.  The evidence as already pointed out included public documents issued by way of certificates of death, by the local Gram Panchayat and the Registrar of Birth and Death.  As against it, the respondent-LIC beyond filing hearsay affidavit of its Branch Manager adduced absolutely no evidence to substantiate it’s claim that the deceased died a day earlier to his seeking revival of the policy.  Said Branch Manager in his affidavit has stated that the matter was got investigated and that it was found that the death had occurred on 16.9.2002.  However no such investigation report or affidavit of the investigator have been filed in evidence.  Regretfully the Forum below did not at all consider the evidence produced by the appellant and instead accepted the reply of the respondent-LIC on it’s face value.  Finding regarding date of death recorded by the Foruym below is based on no evidence and cannot be therefore sustained.”

          Onus to prove that the insured had died on 16.9.2002 was on the petitioner which it failed to prove by leading any cogent evidence.  Death Register produced by the petitioner remains an unproved document.  We agree with the view taken by the State Commission.  Dismissed.