Kavita Tanaji Patil v. The New India Assurance Co.Ltd.

.29/12/2016 .17/01/2018 :- - . . . .

1. , 1986 -12 .

2. :-

iii. .., ., . . .. . .. .151100/47/15/23/0000/0021 .21.08.2015 .20.08.2016 .1,00,000/- . .. . . , 44 .7/6 7/7 .90597 . . . , . .10 . .01.08.2016 . .15.07.2016 . . .. . .. .03.10.2016 . , .. .

3. . .1,00,000/- .. , .03.10.2016 ....18 , .5,000/- .5,000/- .. .

4. , .3 ..1 24 .. , , , , , , , , , , , , , , , , , , , . , .

5. .. /, , , .. .

6. .. . . .. . , .. . , . . . , , . . . . . .. .. . , . .. .

7. .. .

1 .. ?

2 .. ?

3 .. ?

8. :- .1 3 .. . .. . , .. . .1 4

9. .. . .. .01.08.2016 . , , . .15.07.2008 . . .. . . . . , .

10. , , . .. . . .

[1] Revision Petition No.2846 of 2011 (Appeal No.2560/2007), dated, 11-01-2016. New India Assurance Co.Ltd. Petitioner Versus Jaiwanti Bai Vishwakarma & another Respondents :- Headnote Consumer Protection Act, 1986 Sec.2(1)(9) and 21(b) life insurance claim-Death claim-Train accident-Suicide alleged-Repudiation of claim- Consumer complaint alleging deficiency in service-Dismissed-Appeal against-Allowed-Hence, revision petition against-Held, neither opinion of Panchas nor opinion of police officer could have established that deceased has committed suicide-No expert evidence produced on record to establish that wounds found on dead body of deceased could have come only in case where suicide was committed either by coming in front of moving train or by lying on railway track-No medical opinion that such wounds could not have come in case a person crossing railway track was hit by moving train and his body was cut by said train-Careful scrutiny of extracts that Panchas has not express any opinion that deceased committed suicide-Repudiation not justified-Revision Petition disposed of.

[2] 2016 NCJ 945 (NC) SBI Life Insurance Co.Ltd. Petitioner Versus Sudesh Khanduja &ors. Respondent :- Headnote Insurance death claim-Allowed-Validity-Held since Insurance Company alleging that this is a case of suicide, so they should have vigilant and should have produced same solid and inflappable evidence-Police report cannot be made basis for repudiating of claim-found nothing illegal in allowing claim-Petition is dismissed as meritless.

11. . , .. . .. .

12. , .. .1,00,000/- ....9 , .5,000/- .5,000/- .. .

13. , .

1 : .

2 .. .1,00,000/- ( ) .

3 .. ....9% .. .

4 .5,000/- ( ) .5,000/- ( ) .. .

5 .. 45 .

6 .. . .. , 1986 -25 -27 . [HON'BLE MRS. Savita P. Bhosale] PRESIDENT [HON'BLE MRS. Rupali D. Ghatage] MEMBER [HON'BLE MRS. Manisha S.Kulkarni] MEMBER