Respondent’s husband (the insured) had taken a life insurance policy on 13.2.2006 for a sum of Rs.75,000/-. Husband of the respondent died by drowning in a well on 4.11.2006. Respondent lodged a claim with the petitioner, which was repudiated on the ground that the insured had committed suicide. Being aggrieved, respondent filed complaint before the District Forum. District Forum allowed the complaint and directed the petitioner to pay the insured amount along with interest at the rate of 12% along with compensation of Rs.5,000/- and costs of Rs.500/-. Petitioner, being aggrieved, filed an appeal before the State Commission, which has been dismissed by the impugned order. Onus to prove that the insured had committed suicide was on the petitioner. The only evidence produced by the petitioner to show that the insured had committed suicide is the police report, according to which the insured had committed suicide. No other evidence was produced. As against this, respondent had filed the affidavits of five persons, who were living in the neighbourhood, testifying that the insured had died a natured death. Police report by itself is not substantive evidence. Affidavit of the person who carried out investigation has not been filed. Police report by itself does not prove that the insured had committed suicide. Petitioner did not carry out any independent investigation to show that the insured had committed suicide. As the petitioner had failed to produce any evidence to show that the insured had committed suicide, we do not find any infirmity in the orders passed by the fora below. Dismissed. |