K.S. Chaudhari, Presiding Member—This appeal has been filed by the appellant against theORDER dated 10.06.2009 passed by the Uttarakhand State Consumer Disputes Redressal Commission, Dehradun (in short, ‘the State Commission’) in CC No. 05 of 2005 – Megarthi Malik Vs. Life Insurance Corpn. of India & Anr. by which, while dismissing complaint, complainant was allowed to seek remedy in the civil court.

2. Brief facts of the case are that complainant/appellant’s uncle Vinod Kumar obtained insurance policy from OP-respondent for a sum of Rs.10,00,000/- on 28.3.2003 and complainant was nominee in the policy. Assured died in the road accident on 17.5.2003. Complainant submitted claim, but OP repudiated claim on the ground of deliberate mis-statement and withholding correct information regarding income. Assured had income of Rs.4,30,000/- p.a. from agriculture, milk business and purchase and sale of old tractors. Alleging deficiency on the part of OP, complainant filed complaint before State Commission. OP resisted complaint and submitted that brother of deceased reported that complainant’s uncle Vinod Kumar’s death did not occur on account of accident, but he was murdered and his inc