08-12-2014 -  The reasons for delay in disposal of this appeal can be seen from the order sheet.

1.      Inspite of fixing this case for ex-parte hearing on several dates, the respondent has chosen not to appear.

 2.      Heard Mr. Sachin Kumar, learned Counsel appearing for the appellant on limitation as well as on merits.

3.       On being satisfied with the grounds, the delay of about 32 days in filing this appeal is condoned.

4.       Mr. Sachin Kumar submitted that admittedly the death of the insured occurred due to heart failure but the learned Lower Forum has granted double accident benefit treating the heart failure as an accident. He relied on the orders passed, Hon’ble National Commission in Revision Petition No. 3375/2009 on 25.5.2010, and the order dated 22.2.2008 passed in Revision Petition No. 689/2006. He further submitted that the appellant- Life Insurance Corporation has paid the basic sum assured along with bonus to the nominee of the deceased.

5.       Even, according to the complainant, the insured died due to pain in forehead and chest. No F.I.R./Postmortem etc. were filed on behalf of the Complainant. After hearing Mr. Sachin Kumar and going through the records, we find that the learned Lower Forum has not assigned any reason as to why the death by heart attack should be treated as an accident.

6.       In view of the said orders passed by the Hon’ble National Commission, this appeal is allowed and the impugned judgement is set-aside.

 Issue free copy of this order to all concerned for information and needful.

 Ranchi,

 Dated:-08-12-2014