State Consumer Disputes Redressal Commission
National Insurance Co. Ltd vs Capt. Hawa Singh on 6 October, 2010
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA First Appeal No.1646 of 2005 Date of Institution: 07.09.2005 Date of Decision: 06.10.2010 National Insurance Co. Ltd. Regional Office, S.C.O. No.337-340, Sector 35-B, Chandigarh 35-B, Chandigarh, through its duly constituted attorney. Appellant (OP) Versus Capt. Hawa Singh (Retd.), s/o Sh. Shib Lal R/o Village Sudana, Tehsil and District Rohtak. ---Respondent (Complainant) BEFORE: Honble Mr. Justice R.S. Madan, President. Dr. Rekha Sharma, Member. Mr. Diwan Singh Chauhan, Member. For the Parties: Mr. P.S. Bedi, Advocate for appellant. None for respondent. O R D E R
Justice R.S. Madan, President:
This is an appeal against the order dated 21.07.2005 passed by the District Consumer Forum, Jhajjar whereby complaint No.955/2005 filed by the respondent-complainant seeking insurable benefits in respect of the Insurance Policy obtained by complainants wife Savitri Devi, was accepted by issuing direction to the appellant-opposite party to honour the policy with all benefits payable under the policy to the complainant within two months.
Heard.
Certain facts in this case are not disputed that Smt. Savitri Devi wife of the respondent-complainant had purchased policy No.913019 under misc. accident scheme with personal accident of Rs.25,000/- for the period 20.07.2001 to 19.08.2002. Savitri Devi expired on 28.04.2002. The claim of the complainant is that his wife Savitri Devi expired due to fall from stairs. On the other it is the case of the opposite party that the deceased died due to cardiac arrest.
In order to prove his claim, the complainant has tendered in evidence his affidavit Ex.P-1, Death Certificate Ex.P-2, Medical Treatment Report Ex.P-3 issued from Pt. B.D. Sharma, P.G.I.M.S. Rohtak; Ex.P-4 Insurance Policy; letter written by the opposite party to the complainant Ex.P-6; letter Ex.P-8 written by the complainant to the opposite party, Ex.P-9 statement of Smt. Sheela Devi Sarpanch of Village Sundana and Ex.P-10 Funeral Certificate signed by Sarpanch of the village. From the evidence produced on record it is established that the cause of death of the insured Savitri Devi was the injuries sustained by her due to fall from stairs. There is nothing on record on behalf of the appellant-opposite party that the insured Savitri Devi was admitted in the hospital as a heart patient or for the treatment of heart ailment.
Taking into consideration the facts and circumstances of the case and evidence brought on record, we hardly find any ground to interfere with the impugned order passed by the District Consumer Forum.
Hence, this appeal is dismissed being devoid of any merit.
The statutory amount of Rs.12,500/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal and revision, if any filed in this case.
Announced: (Justice R.S. Madan) 06.10.2010 President (Dr. Rekha Sharma) Member (Diwan Singh Chauhan) Member