Karnataka

StateCommission

A/463/2015

Ther Branch Manager LIC of India - Complainant(s)

Versus

Smt. Nagamma. - Opp.Party(s)

Ramachanda Bhat

22 Apr 2022

ORDER

22.04.2022.

:ORDER:

BY SRI. RAVISHANKAR, JUDICIAL MEMBER.

          This appeal is filed by the appellant/Opposite Party being aggrieved by the order dated:17/03/2015 passed by Mandya District Consumer Commission, wherein the District Commission allowed the complaint filed by the complainant.

2.       We have heard the arguments from appellant.  Advocate for appellant submits that they have paid sum assured under the policy to the complainant in accordance with terms and conditions of the policy, but the complainant sought for accidental benefit and filed a complaint before the District Commission.  Since the death of the assured was a murder, they insisted to produce some documents to the complainant, but so far the complainant has not produced any piece of material to them for consideration of the double accident claim.  But the District Commission without considering the same, has allowed the complaint and directed them to pay double accident benefit.  Hence, prays to remand back the matter for consideration.

3.       On going through the order passed by the District Commission it is an admitted fact that the appellant had paid assured amount to the complainant, but with respect to the double accident benefit, they anticipated for criminal documents and insisted the complainant to produce the same.  The said documents are public documents, which the appellant can also avail from the concerned Department and we noticed here that so far the claim made by the complainants were not totally repudiated.  Considering the non repudiation of the claim, we remand back the matter to the District Commission and parties can produce documents for consideration of the double accident benefit for which the complainant is entitled or not.  Accordingly, we proceed to pass the following:-    

:-ORDER:-

The appeal is allowed.  The impugned order passed by the District Commission is set-aside.  The matter is remanded back to the District Commission with a following direction:-

The parties are directed to produce criminal documents regarding murder of the life assured and thereafter the District Commission is directed to dispose-of the matter expeditiously in accordance with law by verifying the documents produced by both parties to see whether the complainant is entitled to the double accident benefit or not.

The District Commission is further directed to issue notice to both parties and then proceed with the matter as stated above.

 

Lady Member.                                                      Judicial Member.

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