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 the way due to slipping of the leg and he suffered head injury and became unconscious. While he was being taken to Primary Health Centre, Chaam Bazar, in the way he died. it means that the victim was being taken to the hospital. He should have been produced before the hospital authorities and at least a medical certificate could have been obtained. He died out of head injury but there is no injury report, which makes the case doubtful.

5. The complainant herself has made her case totally doubtful. In the complaint it is said that her husband died on 18.2.1998 while in the information alleged to have been given on 19.2.1998 itself it is written that he died on 19.2.1998. In this application no date whatsoever has been given on which date this application was given to the Insurance Company? The complainant did not give date below her thumb impression. The writer did not give any date. The witnesses who have signed it have not given any date and even the Pradhan, Gram Panchayat did not give any date below his endorsement. Even in the note given by the Pradhan, Gram Panchayat below the information given by the complainant, date of 19.2.1998 has been written in his handwriting. According to the complainant, the victim died on 18.2.1998 and the application is being written on 19.2.1998. Only within one day such a mistake shall be committed, one is not going to digest or presume. Not only this the Panchnama appears to have been prepared. It has been signed by as many as 12 or 13 persons and even by the Pradhan, Gram Panchayat but nobody has given any date below is signature on what date he has signed it. In this Panchnama it is specifically written that the victim died on 19.2.1998. Smt. Bijla Devi has also written a letter to the Surveyor. In this letter also the date of death of the victim has been written as 19.2.1998 and no date has been given below the thumb impression. Certain papers were attached with this letter and in all those papers date of death has been written as 19.2.1998. Then all of a sudden in a certificate procured from Patwari after 6 months alleged to have been signed by Patwari on 24.9.1998, the date of death has been given as 18.2.1998. The death certificate has been prepared very late and in this death certificate, the date of death has been given as 18.2.1998. The death certificate is always prepared on the information of the family member or some office of the Gram Panchayat. On whose information it has been prepared is not clear? Thus every doubt is created in the case of the complainant. It is doubtful whether the victim died out of accident. It is also doubtful whether he died on 18.2.1998 or 19.2.1998. Throughout, the case of the complainant for 7 months was that her husband died on 19.2.1998 but all of a sudden she started sayin