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S.N.AGGARWAL, DARSHAN SINGH, PIARE LAL GARG
NEW INDIA ASSURANCE COMPANY LTD. – Appellant
Versus
KIRAN AGNIHOTRI – Respondent


Advocates Appeared:
Mr. P.S. Saini, Mr. Parminder Singh, Advocates, for the Appellant; Mr. Sanjay Nagpal, Advocate, for the Respondent

ORDER

S.N. Aggarwal, President - Rajinder Pal Agnihotri, husband of the respondent had taken insurance policy from the appellants on 20.8.1998 for an amount of Rs. 5 lacs which was valid upto 19.8.2008. He was suffering from Neurological Problem and remained admitted in D.M.C. Hospital, Ludhiana from 15.12.2000 to 23.1.2001.

2. It was further pleaded that after recovery from sickness, he had joined his duties. He was attending the office regularly and was performing his normal duties. He was declared fit to perform his duties.

3. It was further pleaded that on 14.2.2001, the insured fell from the stairs of his house and suffered the head injury. He was being taken to Tagore Hospital, Jalandhar but he died on the way. The insurance claim was lodged with the appellants which was repudiated. Alleging deficiency in service on the part of appellants, the respondent filed a complaint in the learned District Consumer Disputes Redressal Forum, Jalandhar (in short the District Forum ).

4. The appellants filed the written reply. It was admitted that Rajinder Pal Agnihotri had taken the Accident Insurance Policy on 20.8.1998 for an amount of Rs. 5 lacs from the appellants. It was denied if on 14.

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