Case nº Revision Petition Nos. 2481-2482 of 2013 of National Consumer Disputes Redressal Commission, Wednesday May 21, 2014 (case United India Insurance Co. Ltd. Vs Sheela)

JudgeFor Appellant: V.S. Chopra, Advocate and For Respondents: Raji Joseph and B.S. Sharma, Advocates
PresidentJ.M. Malik, J. (Presiding Member) and Dr. S.M. Kantikar, Member
Resolution DateWednesday May 21, 2014
Issuing OrganizationNational Consumer Disputes Redressal Commission

Order:

Dr. S.M. Kantikar, Member

  1. The Petitioner has filed the present Revision Petition under Section 21(b) of the Consumer Protection Act, 1986 being aggrieved by the order dated 6.2.2013, passed by the State Consumer Disputes Redressal Commission (in short, 'State Commission'), whereby the State Commission allowed the First Appeal Nos. 24/12 and 25/12 which was filed against the order of the District Consumer Disputes Redressal Forum (in short, 'District Forum'). The complainant, Smt. Sheela, the wife of deceased Kalleppilly Sasidharan along with her two sons and a daughter, filed a complaint before the District Forum alleging deficiency in service by the United India Insurance Company, Thrissur, the OP/Petitioner, who had repudiated the death claim under the Personal Accident Policy. The claim was repudiated contending that the deceased committed suicide, it was not accidental and that he was under influence of alcohol i.e. intoxicated, at the time of his death, on 17.1.2014.

  2. The District Forum dismissed the complaint, but the State Commission allowed the appeal and directed the OPs to pay Rs. 5,00,000 being the policy claim, Rs. 2,500 under Clause 1(g) of the policy, Rs. 10,000 under Clause (h)(b) of policy by 3rd and 4th opposite parties and Rs. 25,000 as compensation and all the benefits under the policy.

  3. Aggrieved by the order of State Commission, the petitioner preferred this Revision Petition.

  4. We have heard Counsel for both the...

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