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2005 Supreme(UK) 29

K.D.SHAHI, LUXMI SINGH
BIJLA DEVI – Appellant
Versus
UNITED INDIA INSURANCE CO. LTD. – Respondent


Advocates:
Counsel for the Parties :
For the Appellant :Mr. Shardul Negi, Advocate.
For the Respondent:Mrs. Anjali Gusain, Advocate.

ORDER

Mr. Justice K.D. Shahi, President—This is an appeal by the complainant against the rejection of her claim for recovery of insured amount of Janta Personal Accident Insurance Policy on the death of her husband.

2. The brief facts of the case are that according to the complainant her husband died on 18.2.1998 all of a sudden while he was coming from work. He has got an insurance policy for Rs. 1,00,000/- and he was insured on that date also. It is alleged that the complainant sent the report of the Gram Pradhan to the Insurance Company on 19.2.1998. Still the amount was not paid, therefore, she filed the complaint.

3. The learned Forum after taking the evidence of the parties and hearing them found that it could not be proved that the husband of the complainant died on 18.2.1998 or he died out of some accident and, therefore, rejected the complaint, against which order the present appeal has been filed.

4. We have heard the learned Counsel for the parties and gone through the records. The fact is that there was no postmortem, no FIR, no medical certificate while the complainant in the information to the Insurance Company has alleged that while coming from work her husband died in t







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