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& SRI R.LAXMINARSIMHA RAO, MEMBER FRIDAY THE THIRD DAY OF APRIL TWO THOUSAND NINE   Oral Order ( As per Sri R.Laxminarsimha Rao, Member) *** This appeal is filed against the order of District Forum Nalgonda in C.D.No.71 of 2004.

The factual matrix that led to filing of this appeal is that the husband of the appellant during his life time obtained insurance policy on 28.2.2000 from the respondent no.1 for a sum assured Rs.25,000/- with accident benefit and the policy was issued for the period from 28.2.2000 to 28.2.2019. The husband of the appellant died on 16.2.2001 and she requested the respondents to pay the amount with benefits under the insurance policy. When the respondents failed to pay the said amount, the appellant had approached the District forum by filing C.D.No.65 of 2002 claiming the benefits conferred by the insurance policy. The District Forum dismissed the complaint giving opportunity to the appellant to lodge claim with the respondents. The appellant had lodged her claim along with the documents; death certificate, policy bond and claim form A, C. The respondents paid the basic sum assured along with bonus and the accident benefits was not paid as the appellant had not submitted copy of FIR, Inquest Report and Report of Postmortem Examination. The appellant had approached the District Forum claiming accident benefit under the insurance policy stating that her husband died due to snake bite and the snake bite being an accident she was entitled to the accident benefit of Rs.25,000/- under the insurance policy.

Basing on the evidence adduced Exs.A1 to A21, B1 and B2, the District forum dismissed the complaint.

Aggrieved by the order of dismissal of her complaint, the appellant has filed the present appeal on ground that the District Forum failed to consider the document issued by the Mandal Revenue Officer declaring that her husband died due to snake bite.

The point for consideration is whether the appellant is entitled to the accident benefit under the insurance policy.

There is no dispute of the facts that the husband of the appellant had obtained insurance policy for a basic sum of Rs.25,000/-, bonus and additional sum of Rs.25,000/- termed as accident benefit and he died during currency of the insurance policy. It is also not in dispute that the appellant without lodging any claim with the respondent filed C.D.No.65 of 2002 before the District Forum and the District forum directed her to approach the respondents by lodging claim along with relevant documents. Ex.A5, letter addressed by the respondent no.1 to the appellant shows that documents, death certificate original policy bond and FIR, inquest and Postmortem Reports were to be enclosed to the claim by the appellant and under Ex.A6 the appellant through her advocate gave reply that she had sent the claim enclosed thereto the death certificate, original policy bond, claim form A and C and copy of order passed in O.P.No.65 of 2002 on the file of District Forum Nalgonda. The appellant had got issued another letter through her advocate to the respondent no.1 stating therein that affidavit in lieu of claim form B attested by a judicial officer was being submitted as required by the respondents.

The appellant had submitted her affidavit which was attested by Judicial Magistrate of First Class (Prohibition & Excise Offences) Nalgonda stating that her husband died on 16.2.2001 at Nomula and the cause of death of his death was snake bite and further it was stated that medical attendance certificate in claim form B could not be submitted because she was present at the spot at the time of death of her husband and he husband was not taken to hospital for treatment since he died due to snake bite. The respondent no.1 addressed a letter Ex.A10 to the appellant requesting her to produce copy of FIR, Inquest report and Report of Postmortem Examination and an affidavit of a person not being a relative of the appellant and who was present at the spot acquainted with the cause of death of the deceased. In reply to Ex.A10 the appellant through her advocate had sent Ex.A11 stating that she was sending affidavit of Cappidi Chandra Sekhar Reddy in lieu of claim form B attested by JMFC Nalgonda and further it was stated that the death of the deceased was not reported to the police and as such she was not in a position to produce FIR, Inquest and report of Postmortem examination.

A perusal of Ex.A21, register containing the death reports show that Yasa Malla Reddy was reported to have been died on 16.2.2001 and the informant was K.Anasurya and the place of death is Nomula in Nalgonda District. This report was issued by the Mandal Revenue Officer, Nakrekal. In Ex.A1 there are several other death reports and all of the persons whose death was reported, they were reported to have died at Nomula in Nalgonda District and among those persons who are reported to have died, the name of the husband of the appellant was mentioned at Sl.No.7 and informant in all the cases is K.Anasurya. It appears that K.Anasurya is an employee in the Revenue Department and on information given by her the death reports were registered.