The petitioners filed hazira. The case is taken for order.

It is the case of the complainants that one Mridul Sarkar purchased one Janata Personal Accident Insurance Policy vide policy No.960599197 on 24.9.1997 with a condition that in respect of death, the legal heirs of the insured will get compensation of Rs.2 lakh from the OPs. It is the further case of the complainants that the said Mridul Sarkar died on 1.2.2008 and his claim was made to the OPs, but since it was not entertained, the complainants have filed this case praying for relief of insured amount of Rs.2 lakh to be paid to the complainants being the legal heirs of deceased insured person.

In support of the said contention the Ld. Lawyer filed some documents including photocopy of the policy as well as a letter sent to the insurance company making claim of the said amount. But since no reply was given the complainants filed this complaint praying for reliefs.

             On perusal of the policy as well as the documents it transpires that the death took place on 2.2.2008. The photocopy of the Postmortem (P.M.) report has been filed wherefrom it appears that the death took place on 2.2.2008 and in the PM report the opinion of the doctor was that the death was due to the effects of injuries as mentioned in the said report which his antimortem in nature and there is no mentioning in the said opinion the death caused due to an accident. Apart from the said fact the complainants have filed this complaint after lapse of 8 years but as per provision as laid down in u/s 24A (1) the District Forum, State Commission or the National Commission shall not admit the complaint, it should file within 2 years from the date on which the cause of action has arisen. Here in this case the cause of action arose on 2.2.2008 though the complainants have given explanation that the complainants had no knowledge regarding the said policy and it came to knowledge only after the lapse of 8 years which is not at all believable and the condonation of delay in filing the complaint after expiry of 2 years, cannot be condoned. Since by issuing the process against the OPs would unnecessarily cause harassment to the OPs, particularly when the condition of the policy was accidental death has not been prima facie proved by the complainants.

Therefore, we hold that the complaint filed by the complainants is misconceived one and the same is dismissed accordingly.