Royal Sundaram Alliance v. K. Padma Insurance Co. Ltd.
2007-07-03
K.S.GUPTA, P.D.SHENOY
body2007
DigiLaw.ai
ORDER (Dr. P.D. Shenoy, Member) - Heard the learned Counsel for the revision petitioner. 2.The case of the complainant is that her husband late Shri K. Satya Chand had obtained a personal accident insurance policy from the revision petitioner by paying premium amount from time to time with validity upto 22nd September, 2004. During the currency of the policy, the ensured, died in a road accident on 7th July, 2004 which fact was brought to the notice of the revision petitioner. As the petitioner dragged the matter on one pretext or the other, the complainant approached the District Forum. The Insurance Company filed a counter admitting the currency of the policy but it contended that the investigation revealed that the husband of the complainant might have died naturally since the insured had not sustained any bodily injury resulting solely and directly from accident caused by external, violent and visible means. 3.The District Forum after hearing the parties and going through the records of the case allowed the complaint and directed the petitioner to pay the accidental death benefit amount of Rs. 5,00,000/- to the complainant with interest @ 9% per annum from 10th November, 2004 till the date of payment and also directed to pay compensation of Rs. 10,000/- together with costs of Rs. 1,000. Dissatisfied by the order of the District Forum, the petitioners have filed appeal before the State Commission which was dismissed. 4.Learned Counsel Shri S.M. Tripathi for the petitioner submitted that there was delay of almost 24 hours between the time of death and conducting of the post-mortem and the injuries suffered by the insured were not ante-mortem. In support of this submission, our attention was drawn to the report of Dr. L.C. Gupta (copy at pages 78 to 81). 5.The extracts of the post-mortem report of the Zonal Hospital, Kullu dated 7.7.2004 read as follows :- The deceased was allegedly run over by a Bolero Jeep, Abrasion over left knee joint, tyre mark over left side of chest with fracture of 6th, 7th and 8th rib, Pericardium, Heart Large Vessels etc., full of blood, left lung partially ruptured. Probable time between the injury and death was within one hour and between death and post-mortem was within 24 hours. The Medical Officer who conducted the post-mortem had opined that the deceased died due to rupture of left lung resulting in shock and death.
Probable time between the injury and death was within one hour and between death and post-mortem was within 24 hours. The Medical Officer who conducted the post-mortem had opined that the deceased died due to rupture of left lung resulting in shock and death. 6.On the face of this post-mortem report the defence raised by the Insurance Company about injuries being ante-mortem and the said report of Dr. Gupta cannot be accepted. There is no illegality or jurisdictional error in the orders passed by fora below warranting interference in revisional jurisdiction. Revision is, therefore, dismissed. M.R.B. ———————