BEFORE THE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT  HYDERABAD.

F.A. No. 559/2007   against C.C.  59/2005,  Dist. Forum,Srikakulam.      

Between:

Sripada Kasipathi

S/o. Late  Butchinna Sastry

D.No. 2-5-28, Bondilipuram

Srikakulam Town & Dist.                           ***                         Appellant/

          .                                                                                     Complainant

                                                                   And

1)  L.I.C. of India

Rep. by its  Branch Manager

Srikakulam.

2)  The L.I.C. of India

Rep. by its Divisional

Visakapatnam.                                            ***                         Respondents/

                                                                                                OPs

Counsel for the Appellant:                           Mr. A. Rama Rao

Counsel for the Respondent:                       Mr. P. Rajasekhar

CORAM:

HON’BLE SRI JUSTICE D.APPA RAO, PRESIDENT.

&

                                   SMT. M. SHREESHA, MEMBER

MONDAY, THIS THE THIRTYFIRST DAY OF MAY TWO THOUSAND TEN

ORAL ORDER:  (Per Hon’ble Sri Justice D. Appa Rao, President.)

***

1)                Appellant is unsuccessful complainant. 

2)                The case of the complainant in brief is that  he took a policy  in the name of his daughter  Kumari Sripada Syamaladevi  on 20.2.2004, maturity date being  20.2.2009 for an amount of Rs. 50,000/- by paying single premium of Rs. 48,362/- wherein  the assured would be entitled to  Rs. 50,000/-  on the date of maturity besides other benefits.    While so on 21.6.2004  she died in his house.   When he claimed at least the premium amount paid by her to be refunded  the said amount was not paid.  Therefore he filed the complaint claiming  Rs. 48,362/- together with interest and costs. 

3)                The insurance company resisted the case.   While admitting issuance of policy  in the name of  Kumari Sripada Syamaladevi  it alleged that  she had committed suicide and died on 21.6.2004.    As per the terms of the policy  if the assured died within a year from the date of  commencement of policy  by committing suicide the nominee would not be entitled to any amount.  Therefore  he was not entitled to any amount.    In fact the police registered a case in crime No. 78/2004  followed by inquest and post-mortem examination indicating  that she had committed suicide.    There was no deficiency in service on its part, and therefore prayed for dismissal of the complaint with costs.

4)                The complainant in proof of his case filed his affidavit evidence  and did not file any documents while the insurance company filed the affidavit evidence of its  Administrative Officer and got Exs. B1 to B6 marked. 

5)                The Dist. Forum after considering the terms and conditions of the policy  opined that the death of the policyholder was within a year from the date of commencement of the policy  therefore the complainant was not entitled to  any amount  and accordingly dismissed the complaint, however without costs.

6)                Aggrieved by the said order,  the complainant preferred the appeal contending that the Dist. Forum did not appreciate the facts in correct perspective.   The Dist. Forum ought to have directed the opposite party to refund the amount paid towards single premium as the death was sudden and when she was labouring under mental agony. 

7)                It is an undisputed fact that Kumari Sripada Syamaladevi, daughter of the complainant had taken a policy for sum assured of Rs. 50,000/-  commencing from 20.2.2004 and the date of maturity being   20.2.2009.  It was a single premium policy.    It is also not in dispute that the policyholder  had committed suicide on 21.6.2004 by hanging herself due to domestic problems vide report issued by the very complainant to the police under Ex. B1,  basing on which the police registered it as a case in crime No. 78/2004  u/s 174 Cr.P.C.   Inquest was conducted vide Ex. B2 and post-mortem examination vide Ex. B3 confirming the death as suicide.    When the complainant made claim for refund  of premium amount by  submitting  the application Ex. B4 and B5 the same was repudiated on the ground that the death was within a year of taking of the policy, and therefore the complainant was not entitled to  even refund of the premium.    Clause-6 of the terms and conditions of the policy reads as follows :

Suicide:

”The policy shall be void, if the Life Assured commits suicide (whether sane or insane at the time) at any time or after the date on which the risk under the policy has commenced but before the expiry of one year from the date of commencement of the policy…...”

8)                At the cost of repetition, we may state that the policy was taken on 20.2.2004  and the policy holder died on 21.6.2004 within one year.  By virtue of the above said clause  the complainant was obviously not entitled to the amount.  We do not see any merits in the appeal. 

9)                 In the result the appeal is dismissed.   No costs.

1)      _______________________________

PRESIDENT                 

2)      ________________________________

 MEMBER           

   Dt.   31. 05. 2010.

*pnr

“UP LOAD – O.K.”