NATIONAL INSURANCE CO LTD Vs. GEETA BAI W/O LATE NATHU ALIAS NARU

JUDGEMENT

(1.) THE appeal is directed against the order dated 18.11.09 passed by the District Forum, Chittorgarh by which in an insurance claim the appellants have been directed to pay a sum of Rs. 1 lakh with interest and also additional cost.

(2.) IT has been submitted by the complainants that the deceased Nathu opened a saving bank account with the respondent bank by depositing Rs.250/ - on 6.02.07. As per agreement between the bank and the appellant company a personal accident policy for Rs. 1 lakh was attached to the above bank account. It has further been submitted that due to some fire accident the deceased was admitted in the hospital on 15.9.07. However, died on 3.10.07 which has been proved by the death certificate and as per registration made on 15.9.07 itself.

(3.) THE learned counsel for the appellants submitted that no claim was ever submitted by the complainants before the Insurance Co. nor any information was given by the bank also. That apart in the present case neither any FIR was lodged nor even postmortem was done by the concerned doctors. As such the appellants cannot be held responsible for making the payment of the claim.