ORDER

M.V. Viswanathan, Judicial Member - The above appeal is preferred from the order dated 22nd August, 2008 passed by CDRF, Kasaragod in CC 10/08. The appellant was the opposite party and the respondent was the complainant in the said Consumer Complaint No. 10/08. The said complaint was filed alleging deficiency of service on the part of the opposite party, the New India Assurance Company Ltd. in repudiating the insurance claim preferred by the complainant, the nominee of the life assured Mohammed Mahamood. The opposite party contended that the death of the life assured was not an accidental death caused by violent, outward and visible means so as to get the insurance claim. Before the Forum below Exts. A1 to A5 and B1 and B2 documents were produced and marked from the side of the parties to the said complaint. On an appreciation of the documentary evidence on record, the Forum below passed the impugned order directing the opposite party to pay the insured amount of Rs. 5 lakh with interest at 9% per annum from the date of the complaint and cost of Rs. 2,000. Hence the present appeal by the opposite party/Insurance Company.

2. When this appeal was taken up for final hearing, there