State Consumer Disputes Redressal Commission
Reliance Life Insurance Co. Ltd vs Anupama Thakur on 10 April, 2017
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010 First Appeal No. A/1010/2016 (Arisen out of Order Dated 22/04/2016 in Case No. C/92/2015 of District Jyotiba Phule Nagar) 1. Reliance Life Insurance Co. Ltd Amroha ...........Appellant(s) Versus 1. Anupama Thakur Amroha ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN PRESIDENT For the Appellant: For the Respondent: Dated : 10 Apr 2017 Final Order / Judgement
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UTTAR PRADESH, LUCKNOW APPEAL NO. 1010 OF 2016 (Against judgment and order dated 22-04-2016 in Complaint Case No. 92/2015 of the District Consumer Forum, Amroha )
01.Reliance Life Insurance Company Limited Through Branch Manager, Station Road Amroha (U.P.)
02.Reliance Life Insurance Company Limited Corporate Office, 5th Floor Reliance Centre Off Western Express Highway Santacruz (E), Mumbai (Mah.) ...Appellants Vs. Anupama Thakur W/o Late Hargoving Singh Thakur R/o Turk Colony, Peergarh Amroha (U.P.) ...Respondent BEFORE:
HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT For the Appellant : None appeared.
For the Respondent : Sri Ram Gopal, Advocate. Dated : 10-04-2017 JUDGMENT MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT(ORAL)
This is an appeal filed under Section-15 of the Consumer Protection Act 1986 before State Commission against judgment and order dated 22-04-2016 passed by District Consumer Forum, Amroha in Complaint Case No. 92 of 2015 Smt. Anupama Thakur V/s Reliance Life General Insurance Company Limited and others whereby District Consumer Forum has allowed complaint with cost of Rs.4,000/- and ordered appellants/opposite parties to pay Rs.3,94,000/- assured amount of accidental benefit of insurance policy with interest at the rate of 8% per annum from the date of filing of complaint till date of payment to complainant/respondent. The District Consumer Forum has further :2: awarded compensation of Rs.2,500/- for mental agony and financial harassment.
Feeling aggrieved opposite parties appellants Reliance Life General Insurance Company Limited and another have filed this appeal.
None appeared for appellants to press this appeal.
Learned Counsel Mr. Ram Gopal appeared for respondent.
We have heard learned Counsel for respondent and perused impugned judgment and order as well as records.
After having gone through pleadings of parties and impugned judgment it is apparent that insurance policy as well as death of insured is admitted to appellant Insurance Company and indisputably respondent/complainant is wife and nominee of insured Hargoving Singh Thakur. Indisputably appellant Insurance Company has paid claim of death of life assured to complainant/respondent. Indisputably the appellant Insurance Company has denied claim of complainant/respondent for accidental benefit on the ground that the death of insured is murder and not accidental. As such point for determination in this appeal is as to whether death of insured is covered with accidental death.
Learned District Consumer Forum has held that death of insured is an accidental death.
Learned District Consumer Forum has placed reliance on judgment of Honourable Apex Court rendered in the case of Smt. Rita Devi and others V/s New India Assurance Company Limited and another and reported in (2000) 5 S.C.C. 113 wherein Honourable Supreme Court has observed as under:-
"The question, therefore, is can a murder be an accident in any given case? There is no doubt that murder, as it is understood, in the common parlance is a felonious act where death is caused with intent and the perpetrators of that act normally have a motive against the victim for such killing. But there are also instances where murder can be by accident on a given set of facts. The difference between a murder which is not an accident and a murder which is an accident depends on the :3: proximity of the cause of such murder. In our opinion, if the dominant intention of the Act of felony is to kill any particular person then such killing is not an accidental murder but is a murder simplicitor, while if the cause of murder or act of murder was originally not intended and the same was caused in furtherance of any other felonious act then such murder is an accidental murder."
First information report of incident causing death of insured has been lodged in police by brother of insured; wherein it has been stated that while insured was going to his house at 9 p.m. he was shot dead by three unknown persons.
Story of incident narrated in F.I.R. does not disclose any motive or cause of murder of insured and assailants were unknown. As such in view of proposition laid down by Honourable Apex Court in above noted case the incident causing death of insured is covered with accidental death. The finding recorded by District Consumer Forum is correct and needs no interference.
Cost and compensation as well as rate of interest ordered by District Consumer Forum cannot be said excessive or high.
In view of discussion made above appeal has no merit and is dismissed accordingly.
Parties shall bear their own costs.
Rs.25,000/- deposited in appeal under Section 15 of the Consumer Protection Act 1986 shall be remitted to District Consumer Forum alongwith interest for disposal according to impugned judgment and order.
Let copy of this order be made available to the parties within 15 days positively as per rules.
( JUSTICE A H KHAN ) PRESIDENT Pnt.
[HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN] PRESIDENT