Chander Shekhar Sharma, Member—This appeal is directed against the order of District Consumer Disputes Redressal Forum Shimla passed in Consumer Complaint No.482/2004, dated 28.4.2009, whereby the complaint of the appellants was dismissed by holding that it is being without any substance since it was concluded by the Forum below that the deceased policy holder was under the influence of liquor at the time of accidental death and as such the appellants are not entitled for the claim as per terms and conditions of policy.

2. The facts of this case within narrow compass are that Shri Nittu Ram who was working as daily wager Beldar with respondent No.1 In IPH Department, Rohru was duly insured with the Insurance Company respondent No.2 for a sum of Rs.2,00,000 in case of accidental death in course of his employment under the scheme, “Janta Personal Accident Insurance Policy” and the premium for the said policy was paid by respondent No.1.

3. The other averments made in the complaint are to the effect that on 4.4.2003 Shri Nittu Ram policy holder after finishing his duty at 5.00 a.m. left for his residence at village Kaloti and while on its way to his house, he had accidental fall