Mr. Justice P. Ramakrishnam Raju, President—The case of the complainant, who is the wife of late Kamalakar, a practising Advocate of Narsipatnam Bar, aged about 43 years took out a ‘Janatha Personal Accident Insurance’ from the opposite party for Rs. 10,00,000/- commencing from 5.12.1997 lasting for a period of 12 years. While so he accidentally slipped and fell down from the staircase of their house while he was getting down from the upstairs of his house, as a result of which he sustained chest injury and died. When the complainant made a claim for the insurance amount, the opposite party repudiated the said claim on the ground that condition Nos. 2 and 4 of the policy exclude the peril. Hence this complaint claiming a sum of Rs. 10,00,000/- with interest @ 18 per cent per annum from 15.8.2000, the date of death of the insured together with compensation of Rs. 50,000/- and costs of Rs. 10,000/- was filed.

2. We have gone through the complaint and perused the material papers carefully. Condition No. 2 of the policy is extracted below for ready reference :

“Proof satisfactory to the Company shall be furnished of all matters upon which a claim is based. Any medical or other Agen