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Date of Filing : 15.09.2016 Date of DisPosal ²⁴ .03.2026 :

BEFORE THE KARNATAKA ^{STATE CONSUMER DISPUTES} REDRESSAL COMMI SION, KALBURGI CIRCUIT BENCH

TED HE2 TH Y F H PRE ENT

HON,BLE MT JUSTICE T G SHIVASHANKARE ^GOWDAI PRESIDENT

HON,BLE MTS DIVYASHREE ^{M: LADY MEMBER} sc / cBL / 29 I Al 22a6 I ^2OL6

The Branch Manager Life Insurance Corporation of ^India

Branch Basavakalyan Basavakalyan Taluk

Bidar District Represented by its

Manager (Legal & HPF)

Life Insurance Corporation of India Divisional Office-I, J C ^Road Appellant

Bengaluru-560 002 (By Mr Uday P Honguntikar, Advocate)

-Versus-

Smt. Kalawathi W/o Late Sidramappa Mahajan

Aged 60 ^years Occ: Household

R/o Biradar Colony Basavakalyan Taluk Respondent Bidar District

(By Mr Santhosh S Nagarale, Advocate)

KSCDRC

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: ORAL ORDER :

PER: Mr JUSTICE T G SHMSHANKARE GOWDA:

PRESIDENT

This Appeal is filed U/S 19 (read as 15) of the Consumer Protection Act, 1986 by Opposite parties (in short the OP) challenging the Order dated 27.07.2Ot6 passed in Consumer Complaint No.48/2015 by the District Consumer Disputes Redressal Commission, Bidar (in short

'Distrlct Commission').

2.

The Appellant was the OP and the Respondent WAS the Complalnant before the District Commission. For the

sake of convenience, the rank of the parties shall be referred to as per their status before the District

Commission.

3.

The brief facts of the case are that; one Sidramappa Mahajan (in short insured) was the husband of the Complainant and a resident of Basavakalyan, Bidar District. During his life time, he had availed two accident

benefit policies from the OP, policy bearing Nos.

660775674 and 660715041 for Sum Assured of

KSCDRC

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3 sc I cBl I 29 I A I 2286 I 2ot6

Rs.50,000/- each, The said policies carried accident benefits and in event of accidental death, the insured is

3(a). Unfortunately, the insured met with a road traffic accident on 22.0L.20t2 involving the car bearing

in at registered Crime No,15/2012 Chittaguppa ^Police Station, within the ^jurisdiction of JMFC, Humanabad, ^Bidar

District.

3(b). The insured was admitted to the Birit ^Hospital, Solapur, Maharashtra and while undergoing ^{treatment for} spinal cord injury, he succumbed to death. ^{After his} death, ^the Complainant has made a ^{claim, but the OP} honoured only the Sum Assured and did not ^extend, entitled to double the sum assured. accidental benefit. The claim for accidental ^benefit, registration No,MH-25A-2676. In this regard, a case was repudiated on the ground that the insured ^{had crossed 70} years of age and as per terms of the policy he was not entitled to such benefit. Pleading deficiency ^{in service, the} Complainant has filed ^the Complaint before ^{the District}

Commission.

KSCDRC

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4 sc lcBr 129 I Al2286l2016

4.

Before the District Commission, the OP has opposed the Complaint by filing the version, justifying the repudiation on the ground that insured had crossed 70 years of age and as per the terms and conditions of the policy, the legal representative of the insured was not entitled for accidental benefit and sought for dismissal of

the Complaint.

5.

Before the District Commission, the Complainant has

filed her affidavit evidence as PW-1 and 6 documents came to be marked as Ex-P1 to P6. On behalf of OP, Manager (Legal) has filed his affidavit evidence as RW1 and Ex-R1

to R2 marked.

6.

The District Commission after hearing the arguments of both the partles, allowed the Complaint in part and directed the OP to pay Sum Assured under two policies, totalling of Rs.1,00,000/- with interest at 9o/o p.a.

Aggrieved by the same, OP has preferred this Appeal.

KSCDRC

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We have heard the arguments of learned counsel for

the OP. The learned counsel for the Complainant remained

absent and did not argue the case.

The Point that arises for our consideration is :-

Whether the Complainant is entatled to

i the accidental death claim benefit?

ii. Whether Order of the District Commission in allowing t

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