ORDER NO. 5 DT. 29.11.10

HON’BLE JUSTICE MR. P.K.SAMANTA, PRESIDENT

Appellant is present through Mr. P.Banerjee, Ld. Advocate.  Respondent Nos. 2 & 3 are present through Mr. Avik K.Dutt, Ld. Advocate, who files BNA.  Heard both sides in full.  Judgement is passed as under :-

This Appeal is by the insurer against the judgement and order dt. 21.4.10 passed by Burdwan District Consumer Forum in D.F.Case No. 151/2008 by allowing the claim of the complainant. 

The complainant is the wife of her deceased husband, who was covered by a Janata Personal Accident Insurance Policy issued by the Appellant/Insurance Company.  The said policy was issued by the Appellant in favour of the deceased husband of the complainant as he was certified  as Field Worker of the Golden Trust Financial Services.  It is not in dispute that the said husband of the complainant had suffered an accidental death by falling from a tree on 7.8.03.  On his death the complainant raised claim before the insurer along with the death certificate of her husband, post mortem report and all other relevant papers.  In spite of raising of such claim by the complainant,  the Appellant/Insurance Company did not make any payment to the complainant in respect of her claim.  The complaint case was accordingly filed.

The District Forum after having regard to all the documents filed in connection with the claim that was raised on behalf of the complainant as well as the relevant documents relating to the insurance policy in favour of the deceased husband of the complainant has allowed the complaint case by directing the Appellant/Insurance Company to pay to the complainant a sum of Rs. 50,000/- together with interest of Rs. 21,250/- as being the benefit of such insurance policy and Rs. 2,000/- by way of compensation for harassment to the complainant and Rs. 500/- as litigation cost. 

Since the insurance policy in favour of the deceased husband of the complainant is not in dispute and further since accidental death of the said deceased husband was proved by documentary evidence and more particularly, the complainant being the wife of the deceased raised the claim for the benefit of the said insurance policy, there is no material whatsoever to hold that the complainant would not be entitled to the benefit of the said insurance policy.  Accordingly, we do not find any material whatsoever to interfere with the impugned judgement and order of the District Forum below.  The Appeal is accordingly dismissed.