NCDRC

NCDRC

RP/3879/2010

LIC OF INDIA & ORS. - Complainant(s)

Versus

VIJAYBEN BABUBHAI BHALANI & ANR. - Opp.Party(s)

M/S. MOHINDER SINGH & CO.

15 Dec 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3879 OF 2010
 
(Against the Order dated 29/06/2010 in Appeal No. 1037/2006 of the State Commission Gujarat)
1. LIC OF INDIA & ORS.
Western Zonal Office, East Wing, Yogxam, Jivan Marg
Mumbai - 400021
Maharashtra
2. THE DIVISIONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA
Bhavnagar Divisional Office, Jivan Prakash, Nilambaugh Circle
Bhavnagar
Gujarat
3. THE BRANCH MANAGER
Branch Office, Life Insurance Corporation of India, Paliya Road, Opp. Marketing Yard
Botad
Gujarat
...........Petitioner(s)
Versus 
1. VIJAYBEN BABUBHAI BHALANI & ANR.
Residents of Near Branch Centre, Balani Street, Valladhipur
Bhavnagar
Gujarat
2. M/S. AKSHITA, D/O. LATE SHRI BABUBHAI M. BHALANI
Residents of Near Branch Centre, Balani Street, Valladhipur
Bhavnagar
Gujarat
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr.Mohinder Singh, Advocate
For the Respondent :NEMO

Dated : 15 Dec 2010
ORDER

Claim of the respondent/complainant was repudiated by the petitioner on the ground that the insured had committed suicide; that instead of taking the medicine for fever, the insured took some other medicine which resulted in deterioration of his health.  Aggrieved by repudiation of the claim, respondent, being the nominee of the insured, filed the complaint before the District Forum.

          District Forum allowed the complaint and directed the petitioner to pay a sum of Rs.75,000/- with interest at the rate of 9% from 9.9.2005 till realization in respect of first policy and Rs.1,25,000/- with interest at the rate of 9% from 9.9.2005 till realization along with costs of Rs.1,500/-.

          Petitioner, being aggrieved, filed an appeal before the State Commission, which has been dismissed by the impugned order.

          We agree with the view taken by the fora below that the petitioner has failed to prove that the respondent had committed suicide.  There is no direct evidence to show that the insured had taken the poisonous material with the intention to commit suicide.

          Otherwise also, the finding recorded by the fora below is a finding of fact, which cannot be interfered with in exercise of revisional jurisdiction.  Under Section 21 of the Consumer Protection Act, 1986, in revision, this Commission can interfere with the orders only if it appears that the Authority below has exercised jurisdiction not vested in it by law or has failed to exercise jurisdiction so vested or has acted in the exercise of its jurisdiction illegally or with material irregularity.

          We find no error/irregularity in the exercise of jurisdiction by the State Commission in its impugned order.  Dismissed.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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