Petitioner/complainant’s husband Sh. Chhagan Sapkal had got his two wheeler insured from the respondent insurance company for the period from 01.3.2005 to 28.2.2006.  He met with an accident on 27.10.2005 and died.  Petitioner lodged a claim with the respondent insurance company which was repudiated on the ground that the deceased had not taken the ‘Personal Accident Cover’.  Aggrieved by this, petitioner filed the complaint before the District Forum.

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          District Forum allowed the complaint, aggrieved against which the respondent filed an appeal before the State Commission which was accepted and order of the District Forum has been set aside.  It was held that the petitioner had not taken the ‘Personal Accident Cover’ and pay the premium for the same.  As the deceased had not paid the premium for personal accident cover, petitioner was not entitled to receive any compensation for the death of the deceased.

            Counsel for the petitioner by referring GR-36 of Indian Motor Tariff contends that taking of ‘Personal Accident Cover’ is compulsory.  It may be so, but the point here is that the deceased had not taken the ‘Personal Accident Cover’ and pay the premium for the same.  As the deceased had not paid the premium for ‘Personal Accident Cover’, the insurance company had the right to repudiate the claim of the petitioner.  No merits.  Dismissed.