B.B. Vagyani, President—This appeal filed by the appellant/org. complainant is directed against the order dated 10-10-2005 passed by the District Consumer Forum, Yavatmal by which the Forum below rejected the claim of the complainant in respect of unborn child.

2. In brief the facts giving rise to this appeal are as under:

3. Mr. Mohanlal Kotecha who is no more alive had taken comprehensive Insurance Policy from M/s. United India Insurance Company. The insurance cover was taken for four unnamed passengers. The sum assured for 3 unnamed passengers was Rs. 1,00,000/- each and Rs. 2,00,000/- for owner driver. The insurance policy was valid for the period 23-4-2003 to 22-4-2004. Mr. Mohanlal Kotecha had a valid driving licence. Similarly his son Mr. Atul Kotecha had also a valid driving licence. On the day of accident, Mr. Mohanlal Kotecha, his Son Atul Kotecha and his daughter-in-law Mrs. Switi Kotecha were travelling by Maruti Car. On the night between 5-2-2004 and 6-2-2004 accident occurred on Yavatmal Nagpur road. In the said accident all the three occupants of the vehicle died on the spot. Mrs. Switi Kotecha was pregnant at the time of accident. Accident was reported to the n