A. Venkatarami Reddy, President - These two appeals arise out of order of the District Forum. Chittoor in C.D.C. No. 404/94 dt. 31-5-1995. whereby it directed the opposite party i.e. New India Assurance Company to pay a slum of Rs. 10.000/ - to the complainant under the insurance policy.

2. Briefly stated the complainant's son Devasena @ Devarajulu was a student of Z.P.P. High School. Kanipakam. The Head Master of the said High School sent Rs. 501/- by way of Demand Draft drawn on State Bank of India to the opposite party on 6-8-1992 towards the premium covering the accidental death of the student including the complainant in a sum of Rs. 10.000/-. The opposite party accepted the proposal under policy No. 4861120300892 with effect from 25-8-1992 for the period commencing from 25-8-1992 to 24-8-1993. The complainant's son was involved in a fire accident on 12-8-1992 and died on 26-8-1992. Therefore a claim was preferred as the complainant's son died after the commencement of the policy for payment of a sum of Rs. 10.000/-.

3. The claim was opposed stating that the policy came into effect from the date of acceptance of the policy and not from the date of payment of premium and as the accident occurred prior to the commencement of the policy, although the complainant's son died after the commencing of the policy the insurance company is not liable to pay any amount under the policy.

On behalf of the complainant Exs. A-1 to A-3 were marked and on behalf of the opposite party Exs. B-1 to B-4 were marked.

Ex. A-1 is the letter issued by the Insurance Company dtd. 18-4-1994 ex-pressing its inability to pay any amount under the policy. Ex. A-2 is the copy of legal notice dtd. 8-7-1994, Ex. A-3 is the postal acknowledgment.

Ex. B-1 is the circular issued by D.E.O. Chittoor dtd. 29-6-1992. Ex. B-2 is a receipt for a sum of Rs. 1785/- showing the premium amount. Ex. B-3 is the copy of the proceedings of the opposite party showing the commencement of the risk from 25-8-1992 and Ex. B-4 is the copy of insurance policy.

4. On a consideration of the evidence on record, the District Forum held that the policy came into effect from the date of its acceptance. As under the policy they risk was accepted with effect from 25-8-1992 to 24-8-1993 and as the complainant’s son died on 26-8-1992 i.e. subsequent to the commencement of the policy, the complainant is entitled for payment of Rs. 10,000/-. But it sis not award any interest.

5. Aggrieved by the said order, the insurance company preferred F.A. No. 680/95 and the complainant preferred F.A. No. 229/96.

6. In the appeal preferred by the insurance company, it was submitted that as the accident occurred on 12-8-1992 i.e. prior to the commencement of the policy i.e. 25-8-1992, although the death occurred subsequent to the commencement of the policy, the insurance company is not liable to pay. We are not inclined to agree with this contention. What is insured under the policy is a life of the student and not accident. Even if an accident occurred subsequent to the commencement of the policy, unless it resulted in death or some bodily injuries enumerated under the policy, the complainant is not entitled for payment of any amount. Hence the risk covered under the policy is only death due to accident. The death must occure subsequent to the policy, even though the accident occurred either earlier to the commencement of the policy or subsequent to the commencement of the policy. We find in the record a litter issued by the opposite party under the heading ‘Student Safety Insurance’ schedule attached to the policy and forming part of the policy issued in the instant case, it was stated that the students will be covered against accidental death, total loss of two limbs or two eyes, total loss of one limb and one eye or permanent total disablement from injuries or partial disablement. With regard to Company’s liability it was stated in case of death the company is liable to pay a sum of Rs. 10,000/- and it al