Life Insurance Corpn. of India vs KAUSHALYA DEVI

THIS is an appeal against the judgment and order passed on 27.8.1999 by District Consumer Forum, Ghazipur, in Complaint Case No. 318 of 1997.

FACTS of the case stated in brief are as under : Mr. Algoo Ram, husband of the complainant, took a policy of insurance for Rs. 50,000/- in the year 1990 alongwith accidental benefits.

Mr. Algoo Ram started from his house on 15.2.1995 for going to District Mau. On 16.2.1995, he went to Pipridih Station for coming back to his residence. He purchased a railway ticket and at the time of boarding the train, slipped and due to accident he died. Dead body of Mr. Algoo Ram was cremated after declaring it to be unclaimed. Before the cremation, post mortem report was prepared and a Panchnama prepared.

WHEN the deceased Mr. Algoo Ram did not return, the relatives of the deceased having come to know of the accident, identified the deceased from his clothes and photograph on 3.3.1999. Claim was made with Life Insurance Corpn. of India but the claim was rejected by LIC vide letter dated 30.12.1996 stating that the deceased has committed suicide. The opposite party contested the case on the grounds that the deceased has committed suicide.

LEARNED District Consumer Forum, Ghazipur, after considering the facts of the case, decreed the claim of the complainant. Aggrieved against the order passed by the learned Forum, the appellant has come up in the appeal challenging the correctness of the order passed. We have heard learned Counsels and have perused the records of the case.

LEARNED Counsel for the appellant has argued that the deceased committed suicide hence the LIC is not liable to pay any amount against the insurance policy.

RELIANCE is placed by the learned Counsel for the appellant on the opinion of the Panchnama which is incorporated in the enclosed report of the Panchas. A copy of the investigation report is on record which goes to show that the Panchas have come to know that the deceased has deliberately committed suicide. Besides this no other evidence on record to prove that the deceased had committed suicide has been placed on record. The plea of suicide has been taken by LIC and it was incumbent on it to prove it. The evidence must be clinching to prove the fact said to be proved. In the present case, none of the Panchs has seen the accused committing suicide. No Panch was present at the railway platform when deceased attempted to board the train and met with his death. Unless there is foolproof evidence to prove this fact, it cannot be said that the deceased has committed suicide.

The case of the complainant is that the deceased has purchased a ticket for return to his place of residence. No passport is required for committing suicide. If a person wants to commit suicide by coming before or behind the running train then he need not purchase a railway ticket because the said ticket will not in any way facilitate his death.

THUS from the evidence on record, we find that the appellant has failed to prove the death of the deceased as suicide and LIC has withheld the amount of the insurance policy which might help the widow in times of need. Such frivolous pleas should not be taken by Life Insurance Corpn. of India in order to delay and defeat the just claim of the claimants. Thus we come to the conclusion that the appeal is liable to be dismissed and judgment and order of the District Forum, Ghazipur, needs no interference. Order

THE appeal is dismissed and the judgment and order passed by the District Consumer Forum, Ghazipur, are confirmed. Let compliance of the order be made within a period of two months and copies of the order be issued as per norms. Appeal dismissed.