01/09/2014- The reasons for delay in disposal of this appeal can be seen from the order sheet.
1. Heard, Mr. G.C. Jha learned Counsel appearing for the appellant on the limitation petition as well as on merits.
2. He submitted that “murder” is not an “accident,” covered under the insurance policy. He relied on the judgments reported in AIR 2000 Supreme Court 1930 Smt. Rita Devi Vs New India Assurance Co. Ltd.; III(2006)CPJ 213 - Prithvi Raj Bhandari Vs Life Insurance Corporation of India and some judgements of this Commission.
3. In the present case, the husband of Neelu – (the complainant), Late Subhash Kumar Sahni was the Policy holder of Janta Personal Accident Insurance Policy for Rs. 3 lakhs. During the subsistence of the Policy, he was found murdered by some unknown person, regarding which an F.I.R. was lodged on 19.12.2004 under sections 394 and 302 IPC. There is nothing to show that the murder was due to any deliberate and willful act of the insured.
4. The said judgments relied by Mr. Jha, were considered in the case reported in III (2008) CPJ 120 (NC) Maya Devi Vs. Life Insurance Corporation of India. In view of the Judgment of Maya Devi (Supra) we are unable to accept the said submission of Mr. Jha that in the present case the murder was not an accident.
5. Mr. Jha also submitted that interest has been allowed by learned Lower Forum from the date of submission of claim form by the complainant, whereas, the documents required, were not submitted by the complainant for a long time.
It appears that the complainant submitted claim form on 19.01.2005, with R-2 Golden Trust Financial Service, the agent of the appellant – Insurance Company, who sent it to the Insurance Company on 18.05.2005 after about four months. Then the R-2, at the instance of the Insurance Company issued a letter dated 23.04.2007 i.e. after about 2 years demanding more documents. The Complainant issued legal notices dated 28.06.2008 and 5.8.2008. The Investigator of the Insurance Company submitted his reports on 18.5.2009.
The Insurance Company did not prove that there was any delay or latches on the part of the Complainant in settlement of claim. Therefore, the learned Lower Forum has rightly awarded interest from the date of submission of claim.
6. After hearing Mr. Jha, we find that even if the delay of 62 days in filing this appeal is ignored, there is no merit in this appeal.
7. On this Mr. Jha submitted that the complainant has not filed any execution case and moreover this appeal was pending before this Forum and therefore sometime may be granted to the appellant to comply with the order under appeal.
In the circumstances, the time granted by learned Lower Forum to pay Rs. 3 lacs, to the Complainant by the appellant, is extended by two months from today, failing which the appellant will also pay interest @ 12% per annum from the expiry of 60 days of the date of the order under appeal.
In the result, this appeal is dismissed with the observation aforesaid.
As prayed, the statutory amount be returned to the appellant.
Issue free copy of this order to all concerned for information and needful.
Ranchi,
Dated:- 01.09.2014
