Heard learned counsel for  both the sides.

2.              This appeal is  filed  U/S-15 of erstwhile  Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to  with reference to their respective status before the learned District Forum.

3.                   The case   of the complainant, in nutshell is that the complainant ‘s  son has got a S/B account with  the OP No.1. He was also provided  with a Visa Debit Card on 08.12.2012. Being  the international Debit Card account holder,  had got  benefit  of personal Accident Insurance cover up to Rs.2,00,000/- in the event of the death of the account holder. It is alleged that the  son of the complainant died  on 13.06.2014 due to heart attack. Thereafter the claim was made but it was repudiated stating that  this benefit is coming under the exclusion clause of the policy. Hence, the complaint.

4.                  The OP No.1 has given separate written version stating that the S/B account holder  is   only to  give the insurance cover but it is for the insurer to award the compensation. As such OP No.1 has no any fault.

5.            The OP  No.2     filed the written version admitting that the policy  holder  has got the policy and the son of the complainant made natural death but not accidental death. Therefore, they have repudiated the claim. Further they have  taken plea that the claim is not maintainable after expiry of  60 days  from the date of  death. So, they have repudiated the claim.  

.6.                       After hearing both the parties, learned District Forum   passed the following order:-

               Xxxx              xxxx              xxxx

                    “ In the result the petition of the petitioner is allowed against the OP No.2 and 3 on contest and dismissed against OP No.1. The OP No.2 and 3 are directed to pay Rs.2,00,000/-(Rupees two lakh) to the petitioner as insurance claim and another Rs.50,000/-(Fifty thousand) for mental agony, harassment and litigation cost. The OP No.2 and 3 also directed to pay the insurance claim within a period of one month, failing which the petitioner is at liberty to get the same implemented through  the process of law.”

7.                  Learned counsel for the appellant submitted that    the death by cardiac arrest,  is normal death and not  as per definition of the policy itself. On the otherhand, complainant submitted that the death by cardiac arrest is a death by accident.  So, he submitted to set-aside the impugned order by allowing the appeal.

8.               Considered the submission of learned counsel for the respective parties,  perused the DFR and impugned order.

9.                       No doubt the son of the complainant has got a S/B account  and particularly   possession of the international debit card having facility of insurance cover in case of accidental  death upto  Rs.2.00 lakhs. It is admitted fact that  son of the complainant died in cardiac arrest. The  exclusion clause has been explained by the  learned District Forum’s impugned order.  It has been explained that  the literal meaning of Accident is event  that happens unexpectedly and causes damage, injury etc.. Accident means some unfortunate events which is accepted as inevitable by accident as a result of chance or mishap. On perusal of policy it appears that  it covers the personal accidental death.

10.                   In view of aforesaid discussion, we are of the view that the cardiac arrest of the policy holder occurred as accident not expected at all in earlier occasion. No doubt the son of the complainant is young and nobody can expect his  cardiac arrest. Therefore, we are of the view that the cardiac arrest in  the particular fact and circumstances occurred as accident. Therefore, the complainant is entitled to get the accident cover for Rs.2.00 lakhs. So far  the compensation of Rs.50,000/-  for mental agony and harassment is also  allowed  because the mother  while lost the son can be imagined with the pain she has suffered in mind  and further it is multiplied by the repudiation  claim by the OP. Now,  this is found that the mother is also dead but the legal heirs is entitled to the compensation for mental agony   for Rs.50,000/-. The OP-Insurer is directed to pay all the amounts within 45 days from today  to legal heir of original complainant, failing which the same will carry 12 % interest payable from the date of impugned order till date of payment.

                  As such the impugned order is confirmed and the appeal is disposed of accordingly.  No cost.          

                  Free copy of the order be supplied to the respective parties or they may download same from the confonet  or webtsite of this  Commission to treat same as copy of order received from this Commission.  

                  DFR be sent back forthwith.