Amarjeet Kaur vs Birla Sun Life Insurance Company ... on 3 July, 2015
8. The finding regarding the territorial jurisdiction was recorded by
the District Forum without properly appreciating the evidence
produced on the record and the law on the subject. It is the specific
case of the complainant that she had submitted the Claim Intimation
Form, along with the requisite documents, including Death
Certificate, to the opposite parties. That Death Certificate was
First Appeal No.1197 of 2014 5
proved on the record as Ex.C-4. A perusal thereof shows that the
life assured/deceased had died at Ferozepur. It has already been
held by this Commission in FA No.378 of 2014 decided on 11.2.2015
(Seema @ Seema Saini v. National Insurance Company Limited
and another) that the District Forum of the place where the death of
the insured takes place has also the territorial jurisdiction to entertain
the complaint regarding the payment of claim in respect of that
death. The cause of action means a bundle of facts, which a party
is required to prove in order to establish the right/claim. It was
necessary for the complainant to prove that the life assured had died
and the place where the death took place also constitutes a part of
the cause of action. As the death took place at Ferozepur, so a part
of the cause of action accrued at that place. Moreover, it is clear
from the documents proved on record by the opposite parties that
the Policy in question was sent to the life assured at Ferozepur and
even the repudiation of the claim of the complainant was conveyed
to her at that place. Those also constitute a part of the cause of
action. By ignoring all these facts and the law, the District Forum
wrongly recorded a finding against the complainant that no cause of
action had accrued within local limits of its jurisdiction. Such an
order cannot be sustained and is liable to be set aside.