One of my relative died in accident. He was a pillion raider. We have lodged compliant in Motor Vehicle Act. This compliant is regarding insurance claim.

He took an insurance claim with one of the insurance company. He sustained head injury and was admitted in a Hospital, where he survived for a period of 18 days. The claim was rejected saying that the deceased person was drunk during the accident. During the accident he was a pillion rider. He died due to food particles entered into lungs. This is very clearly mentioned in Postmortem report.

We have filed case in Consumer Court. I would like to know if any judgement is available to take care of the affected family. Kindly help