Case nº Revision Petition No. 3396 Of 2011, (Against the Order dated 07/07/2011 in Appeal No. 101/2011 of the State Commission Rajasthan) of NCDRC Cases, July 26, 2012 (case 1. Branch Manager, LIC of India and Anr. 2. The Regional Manager, Life Insurence Corporation Of India Vs Mangla Ram)

JudgeFor Appellant: Mr. Amit Bansal, Advocate and Ms. Ritika Nagpal, Advocate and For Respondents: Nemo
PresidentMr. R.C. Jain, Presiding Member and Mr. V.B. Gupta, Member
Resolution DateJuly 26, 2012
Issuing OrganizationNCDRC Cases

Order:

  1. Challenge in these proceedings is to the concurrent findings and orders passed by the Fora below, i.e., order dated 03.05.2011 passed by District Consumer Disputes Redressal Forum, Pali and thereafter order dated 07.07.2011 passed by the Rajasthan State Consumer Disputes Redressal Commission (for short he State Commission in appeal no. 101/2011 filed by the LIC of India. By the impugned orders, the petitioner LIC of India has been directed to pay a sum of Rs.1 lakh along with other benefits within one month as also a sum of Rs.5,000/- on account of mental agony and Rs.2,000/- as the cost of the proceedings.

  2. We have heard Mr. Amit Bansal, counsel for the petitioner LIC of India but had not the advantage of hearing the say of the respondent / complainant despite due service of notice and the respondent / complainant remained unrepresented on record and was thus, ordered to be proceeded exparte vide order dated 7.5.2012. Mr. Bansal states that he is challenging the impugned order passed by the Fora below only and in so far as the orders have directed the payment of a sum of Rs.1 lakh as against the insured amount of Rs.50,000/- because according to him the deceased did not die of any accident which can possibly fall within condition no. 9(b) of the terms and conditions of the Policy. For the facility of reference, we would like to extract the same as under:- (b) Death of Life Assured: to pay of additional sum assured under this policy, if the Life Assured shall sustain any body injury resulting solely and directly from the accident caused by outward, violent and visible means and such injury shall within 180 days of its occurrence solely, directly and independently of all other causes result in the death of the Life Assured. The corporation shall not be liable to pay the additional sum referred in (a) or (b) above, if the disability or the death of the Life Assured shall: (i) be caused by intentional self-injury, attempted suicide, insanity or immorality or whilst the Life Assured is under the influence of intoxicating liquor, drug or narcotic; or (ii) take place as a result of accident while the Life Assured engaged in aviation or aeronautics in any capacity other that of a fare-paying, part-paying or non-paying passenger in any air-craft which is authorised by the relevant regulation to carry such passengers and flying between established...

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