LIFE INSURANCE CORPORATION OF INDIA vs Shyama Kunwar

THIS order will decide 2 Revision Petitions. The brief facts of the case are that Sri Hari Singh Chauvan, the husband of the Complainant No. 1 and father of Complainant Nos. 2, 3 and 4, (hereinafter referred to as the insured), took two life insurance policies from LIC of India, OP. One, in the sum of Rs. 50,000, with risk commencing from 15.12.2004 to 24.6.2005; and the other for a sum of Rs. 2,00,000, with risk commencing from 28.11.2004. On 24.6.2005, the insured died. The insurance claim was repudiated by OP, on the ground that the insured had committed suicide, within one year, from the date of issue of the policies. Therefore, alleging deficiency in service by the OP, the complainant filed two separate complaint Nos. 47/2008 and 48/2008, respectively, before the District Forum.

THE District Forum dismissed both the complaints on considering the Police report and concluded that the Complainant has committed suicide. Subsequently, two appeal No. 2450/2008 and 2451/2008, respectively, were filed by Complainant, before State Commission. The State Commission allowed both the appeals and directed the OPs to pay the entire sum assured, in each policy, with interest @ 6% per annum.

AGGRIEVED by the order of State Commission, the OP preferred these two revisions.

WE have heard the Counsel for the Petitioner, at admission stage. He vehemently argued that the death of insured occurred/took place, within one year, and it was from the date of policies a suicide case, and, therefore, repudiation of claim was justified and further reiterated the report received from the Office of Superintendent of Police, Mandsaur. It appears that the police have treated the incident as a case of suicide stating that the insured, who was a truck driver, was without a job, for the past 4 months and on the basis of the police report, the Insurance Company repudiated the claim. We have also perused the documents on record.

THE Final inquiry conclusion report, submitted by the Office of Superintendent of Police, Mandsaur, is reproduced, as follows: At the time of examining the Marg of the death of the deceased, the statement of wife of deceased and other eye -witnesses were recorded and after inquiry it was found that the deceased Hari Singh was having one truck which he sold four months prior to his death and since then he was not doing any work and always remained in drunk condition. On the date of incident deceased in the day time consumed liquor at the Pipliya Mandi and after that consumed the tablet of sulphas. On driving the cycle by him came in front of the house and started vomiting, he was taken to the Mandsaur Hospital where during the course of his treatment, Shri Hari Singh died.

IN the marg enquiry, no incidence of Dastandazi was found to have been occurred. Deceased who was Unemployed since past four months prior to his death always remained under intoxication of liquor, and being mentally depressed, has consumed ''sulphas'' and committed suicide. Marg Examination for Nastibadh was sent to the SDM, Malahargarh. We have also perused the Post Mortem report, there are only gross findings. Even the PM findings of abdomen at item No. 4. Under heading as stomach and its internal material - - the findings are Food Material about 150 ml? Dal with abnormal smell? Celphos. Hence, it was the gross suspicious findings at PM; but the OP has not produced any FSL (Forensic Science Laboratory Report). The gross findings of other organs are only congestion. Hence, the PM report is inconclusive one. It does not establish poisoning. Even, if we consider that the death was due to consumption of Celphos, the report of SP clearly mentions that the deceased Hari Singh was under continuous influence of alcohol. Therefore, it is difficult to understand as to how he could intentionally consume Celphos with a motive to commit suicide. Therefore, a question arises, whether the case in hand is an accident or homicidal one? This view gains support from a complaint made by the deceased Hari Singh against his enemies, Pratap Singh, Shripal Singh, Darbar Singh, Khuman Singh, Datar Singh and Vikram Singh, among others, which was pending in the Criminal Court and the police, later on filed a ''closure report''.

THEREFORE , death due to consumption of some poisonous substance, with no marks of external injury, does not automatically establish the mode of death as "Suicide". Similar view was taken by this Commission, in the case of LIC v. Smt. Amrikbai,, II (1998) CPJ 260 (NC).

THE OP failed to produce any piece of documentary evidence showing that investigation carried out by it. There is nothing on record to support the allegation that the insured was jobless and depressed, and thus committed suicide. In view of the settled law, we are clearly of the view that the OP has wrongly repudiated the claim, and has committed its deficiency in service. Accordingly, we concur with the view taken by the State Commission and dismiss the revision petition. No order as to costs.