NCDRC

NCDRC

RP/4057/2010

LIC OF INDIA - Complainant(s)

Versus

VIMLESH GUPTA - Opp.Party(s)

MR. K.L. VIRMANI

04 Jan 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4057 OF 2010
 
(Against the Order dated 31/07/2010 in Appeal No. 1800/2009 of the State Commission Madhya Pradesh)
1. LIC OF INDIA
H-39, New Asiatic Building, IInd Floor, Back Side, Connaugh Place
New Delhi - 110001
Delhi
...........Petitioner(s)
Versus 
1. VIMLESH GUPTA
R/o. Sukhendra Gupta's House, Near Jaiswal Namkeen Factory, Prem Vihar Gali No. 3, Satna, Thana City Kotwali, Tehsil Raghuraj Nagar
Satna
Madhya Pradesh
...........Respondent(s)

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

For the Petitioner :
Mr.Anoop K. Kaushal, Advocate
For the Respondent :NEMO

Dated : 04 Jan 2011
ORDER

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.

 

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

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