Heard learned counsel for the appellant.   None appears for the respondent.                        

2.              This appeal is  filed  U/S-15 of erstwhile  Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to  with reference to their respective status before the learned District Forum.

3.                   The  factual matrix leading to the  case     of  complainant, is that  complainant’s son has purchased a policy under the Group Janata Personal Insurance Policy  covering the period from 15.04.2004 to 14.04.2011 for Rs.1,00,000/-. It is alleged inter-alia that on 19.06.2006 while the policy holder  was sleeping on the top of the roof  with his relatives,felt pain  and immediately he was taken  to  Balia PHC where the doctor suspected of snake bite  and subsequently referred to  SCB Medical College &  Hospital   but  on the way he expired at Badchana CHC.  Thereafter the police was informed who  recorded the Station diary. After death the complainant  claimed benefit under  the policy. Since, the OP did not repudiated the claim, the complaint was filed.

4.            The OP filed written version  stating that  this policy is obtained by the policy holder but the death  of the policy holder was not due to accident because there was suspected snake bite  which resulted death of the policy holder. No police report is available. Moreover, the information was given after six months of the snake bite. So, they have repudiated the claim and there is nothing wrong with them.  

5.                       After hearing both the parties, learned District Forum   passed the following order:-

               Xxxx              xxxx              xxxx

                                “ In view  of the above discussions and conclusions arrived at, we come to a conclusion that the repudiation as made by the OP No.1 is not in accordance with the law. As such the same amounts to deficiency in service. Therefore, while allowing the complaint petition, we direct  OP No.1 to pay the assured amount of Rs.1,00,000/- alongwith compensation of Rs.10,000/- to the complainant within one month from the date of this order.”

6.                Learned counsel for the appellant submitted that   learned District Forum has committed error in law by passing  the impugned order without considering the written version with proper perspectives. According to him, the snake bike is not confirmed by  the doctor  or any expert  but learned District Forum, without application of judicial mind has accepted the cause of death vide Annexure-7. Since the cause of death is not proved  the policy holder is not entitled to get the benefit. As such the policy holder is not  entitled to get the benefit. However, learned District Forum ought to have considered  all the facts and law.   Therefore, he submitted to set-aside the impugned order by allowing the appeal.

7.               Considered the submission of learned counsel for the  appellant, perused the DFR and impugned order.

8.                    It is admitted fact that the policy holder has purchased a policy with  accident benefit   through the OP No.3 & 4. It is also not in dispute that during the currency of the policy, the policy  holder got pain in the body and  he was referred to the  Hospital. Annexure,3,4, 5 & 7  clearly revealed that the doctors have diagnosed  him  to have got the death due to snake bite and admittedly  the policy holder died. Therefore, we are of the view that the complainant has proved that the policy holder has died  due to snake bite and the death  is  covered by policy.  We do not find any reason to interfere  with the impugned order. Hence, the impugned order is confirmed. Appeal stands dismissed.

9.             Learned counsel for the appellant  submitted that the sum assured  has been allowed to the complainant  with   the compensation for Rs.10,000/- which should be considered for reduction. Considering the submission, we hereby modified the impugned order by directing the OP to pay sum assured of Rs.1,00,000/- and cost of Rs.2,000/- to the complainant by the OP within 45 days from the date of this  order, failing which  the entire impugned order will come into effect.          

                     Appeal is disposed of accordingly.

                       Free copy of the order be supplied to the respective parties or they may download same from the confonet  or webtsite of this  Commission to treat same as copy of order received from this Commission.  

                           DFR be sent back forthwith.