IMPORTANT POINT
Accidental death cannot be equated to murder.

Dr. S.M. Kantikar, Presiding Member—This revision petition has been filed under Section 21(b) of the consumer Protection Act, 1986 against the order dated 07.04.2011 passed in First Appeal No. 887 of 2008 by Delhi State Consumer Disputes Redressal Commission (herein after referred as ‘the State Commission’) whereby the State Commission directed the insurance company to pay insured amount of Rs. 5,00,000/- and costs of Rs.10,000/- to complainants No. 1 to 3.

2. The brief facts are that the complainants, widow, son and daughter of Late Shri Ramji Lal, who was holder of HDFC Bank Credit card (OP NO. 2) with the facility having Life Insurance Policy issued by United India Insurance Co. (OP 1). It was an Accident claim- cum Accidental death policy valid for the period from 10.12.2003 to 9.12.2004 for total sum assured of Rs.5 Lakhs. Shri Ramji died on 21-22 December 2003, due to Hemorrhagic shock by the fire arm missile injury. FIR was lodged on 22.12.2003 and claim was initiated against OP1 on 22.1.2004. The OP1 repudiated the claim vide letter dated 18.1.2006 on the ground that, as per the provisions of the policy, the cover was granted for death by accident on air/rail/road and not otherwise, whereas the deceased was shot by some miscreant, consequently upon which he died. Hence, against the repudiation, the complaint was filed before District Consumer Dispute Redressal Forum, New Delhi (hereinafter referred as “District Forum”).

3. OP No. 1 in its written version, contended that the repudiation was in accordance with the terms and conditions of the policy. The said personal accident policy covers only case of air/ rail/ road accident, therefore, death of the card holder was not covered under the policy, therefore, the complaint deserves to be dismissed.

4. On the basis of pleadings and evidence, the District Forum vide order dated 22.7.2008 allowed the complaint and directed OP to pay Rs. 5 Lacs towards insurance amount and Rs. 1 lakh towards compensation for mental agony and Rs. 10,000/- towards cost. The District Forum held that where the life of a person who was the only bread earner of the family dies unexpected and unnatural death, living behind his wife and two minor kids then it becomes the responsibility of the insurance company to provide them relief as soon as possible.

5. Aggrieved by the order of District Forum, OP No. 1/Insurance Company filed appeal before Delhi State Consumer Dispute Redressal Commission (in short, ‘the State Commission’). The State Commission vide order dated 7.4.2011 partly allowed the appeal and modified the order of District Forum. The OP1 was directed to pay insured amount of Rs. 5 Lac to complainants No. 1 to 3 and mother of deceased with cost of Rs. 10,000 within 6 weeks. The State Commission observed that there was no justification in awarding damages for hardship and mental agony in the instant case.

6. Being aggrieved, this revision petition has been filed by OP No. 1 and prayed to set aside the order of State Commission.

7. Heard learned counsel for the parties. Learned counsel for the petitioner/OP 1 contended that the repudiation was in accordance with the terms and conditions of the policy. I have perused the relevant provisions of the policy. It is produced as below:-

“Section 1: Personal Accident Cover

If, at any time, during the currency of his policy, the insured shall sustain any bodily injury, resulting in death, solely and directly from AIR/Rail/Road accident caused by external, violent and visible means, then the company shall pay to the legal personal representatives the sum or sums hereinafter set forth in the schedule. Air/Rail/Road accident will be subject to MV Act & Railway Act provisions and for multiple Cards held by the Card Holder, the amount payable will be maximum sum insured set in the schedule or any one card under the Policy.”

8. It is pertinent to note that the HDFC Credit Card was for the Accident claim cum Accidental death policy. Nothing was ment