BEFORE THE HYDERABAD

F.A.No.1058 OF 2009 AGAINST C.C.No.160 OF 2008 DISTRICT FORUM, ELURU ATWEST GODAVARI

Between:

The Branch Manager,
Oriental InsuranceHead Post Office
Marham Street, Palakollu
W.G.District

A N D

1.      

2.     

3.                 

Counsel for the Appellant            

Counsel for the Respondents       

AND

SRI R.LAKSHMINARASIMHA RAO, HON’BLE MEMBER

.

WEDNESDAY, THE TWELFTH

TWO THOUSAND ELEVAN

Oral Order (As per Sri R.Lakshminarasimha Rao, Hon’ble Member)

                                       1.    

2.    The facts of the case as seen from the complaint are that the complainants no.1 is the wife and the complainants no.2 and 3 are the children of the deceased Kunapareddy Rama Rao who was the driver of Sri M.B.S.Apparao @ Srini of Palakollu for the lorry bearing No.AP 37T 6867.      

3.        As per the terms and conditions of the insurance policy accidental death only is covered but not the death due to heart attack.    

4.      

5.     

6.     It is contended that chest pain is not an accident and the head injury mentioned in the report of postmortem examination cannot be made the basis for finding fault with the opposite party.    

7.    

1)               Whether the husband of the complainant no.1 died in an accident?

2)                 Whether the repudiation of the claim by the opposite party is arbitrary?

3)                 To what relief?

8.              Maharashtra      

9.          

10.      There shall be no order as to costs.

                                                                                                                                             KMK*