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S.K.NAIK, B.N.P.SINGH
New India Assurance Co. Ltd. – Appellant
Versus
B. Shivappa – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. D. Sushil Kumar Gupta, Advocate.
For the Respondent: Nemo.

ORDER

B.N.P. Singh, Presiding Member—The revision under consideration is against order of reversal of the finding of the District Forum. The factual backgrounds are that deceased B. Chinna Swamy, the brother of respondent, who obtained Janata Personal Accident Insurance Policy from respondent for Rs.10,00,000 on 31.12.1998 for a period of three years, died during currency of policy on 14.7.2000 pursuant to fall from stair case, sustaining head injury in his house. Allegedly, he was taken to Dr. S. Chandra Sekhar Goud, Civil Surgeon, Head Quarters Hospital Mahabubnagar, where insured died of incident. A certificate came to be issued by Dr. S. Chandra Sekhar Goud on 15.9.2000 stating therein that the insured died on 14.7.2000 due to cardiac respiratory failure caused by head injury. The village Sarpanch too give a certificate on 18.12.2000 holding that that the insured died on 14.7.2000 due to head injury on fall from stair case. The villagers too filed affidavits on 4.12.2000 as to the cause of death. Panchanama was conducted by village Administrative Officer on 15.7.2000, attested by Additional Revenue Inspector and eventually claim was submitted to the Insurance Company on 21.12.2





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