Rajasthan

StateCommission

A/195/2022

Smt. Sulachna Devi - Complainant(s)

Versus

Reliance General Insurance Company - Opp.Party(s)

Pramod Kumar

01 Aug 2022

ORDER

BEFORE THE RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL COMMISSION,JAIPUR

 

FIRST APPEAL NO: 195/2022

 

Smt. Sulochana Devi w/o Late Sh. Madho Singh r/o Asal Kheri Tehsil & Distt. Churu

Vs.

Reliance General Insurance Co. Ltd. C-44 Man Upasana Tower, 6^th floor, Sardar Patel Marg, C-Scheme, Jaipur through Br. Manager & ors.

 

Date of Order 1.8.2022

Before:

Hon'ble Mr. Atul Kumar Chatterjee- Acting President

Hon'ble Mr. Nirmal Singh Meratwal-Member(Judicial)

Hon'ble Mrs. Shobha Singh- Member

Present:

Mr. Pramod Kumar learned counsel for the appellant

BY THE STATE COMMISSION ( PER HON'BLE MR.ATUL KUMAR CHATTERJEE, ACTING PRESIDENT )

 

This appeal has been filed by the appellant/complainant

2

 

against the judgment of learned District Consumer Commission, Jaipur 1^st Jaipur dated 7.3.2022 passed in Complaint Case No 1475/2014 whereby the complaint of appellant/complainant has been dismissed.

 

In this matter the appellant/ complainant has disputed the repudiation of claim of her Late husband Sh. Madho Singh who was having health insurance policy of respondent insurance company which was effective during the period 10.1.2009 to 9.1.2011. Complainant's husband had gone to Bahrain and he passed away on 20.5.2010 due to sudden cardiac arrest. According to the appellant/complainant the cause of sudden cardiac arrest was excessive work pressure. The insurance company repudiated the claim saying that sudden cardiac arrest did not fall within the definition of accidental death.

 

The learned DCC had, after considering the pleadings and evidence of rival side dismissed the complaint by holding that sudden cardiac arrest did not fall within the ambit of accidental death.

 

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During the course of arguments on admission the learned counsel for the appellant/complainant has referred IV (2007) CPJ 355 (NC) (Rita Devi @ Rita Gupta Vs. National Insurance Co. Ltd. & ors ) and has tried to emphasize that in this matter more or less similar situation as in the above case of Rita Devi @ Rita Gupta Vs. National Insurance Co. exists therefore, the impugned judgment passed by the learned DCC deserves intervention in the appeal.

 

We have pondered upon the contentions of the learned counsel for the appellant/complainant and have gone through the judgment referred to above.

 

In the case of Rita Devi @ Rita Gupta Vs. National Insurance Co. (supra) Hon'ble NCDRC has held that death due to ' cold wave' could not be said to be natural and the same was due to natural external violent force i.e. 'cold wave' but in the case in hand the appellant/complainant has categorically pleaded that her husband had the sudden cardiac arrest due to excessive work pressure. In our humble view this situation cannot be equated with that of Rita Devi @ Rita Gupta's case as given above.

4

 

In our humble view since the sudden cardiac arrest of insured late husband of appellant/complainant did not fall within the ambit of accidental death as such we do not find any irregularity/illegality in the findings of the learned DCC Jaipur 1^st Jaipur and we do not deem it proper to admit the appeal because in our humble view no merit is involved in the appeal and it would be a futile exercise to admit the appeal and to issue notice to the respondents/non-complainants. Therefore, this appeal deserves to be dismissed at the admission stage and the same is hereby dismissed.

 

The appeal stands disposed of as above.

 

(Shobha Singh) (N.S.Meratwal) (A.K.Chatterjee)

Member Member(Judicial) Acting President

 

 

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