Page 107 - Suri’s - NCDRC ON LIFE INSURANCE 2017 V1.3

Suri’s - NCDRC ON LIFE INSURANCE 2017 107

result of which he could not appear on hearing dated 19.5.2017. Even the affidavit of
advocate on record or the junior counsel has not been filed to substantiate the afore-
said submission. On perusal of the impugned order we find that the appellant absented
from the proceedings on three consecutive occasions which is clear indication of the
fact that the petitioner/appellant was not vigilant in pursuing its appeal. Thus, we do
not find fault with the order of the State Commission dismissing the appeal for non-
prosecution more so because of the reason that as per the scheme of the Consumer
Protection Act, 1986, the Consumer Fora are under obligation to decide the consumer
matters expeditiously.
7. It is pertinent to note that the insurance claim of the respondent was repudi-
ated on the ground that the insured has committed suicide. Counsel for the petitioner
when asked to show the evidence that the insured committed suicide, has referred to
the investigation report (page 71) which records as under: -
―Sequence of Death- During investigation it revealed that LA suffered deep
burn injury (80%) on 1.12.2014 by igniting herself with kerosene oil over her
body and put the body on flame at 1500 hrs. after an altercation with family
members. Family members initially taken to Tamluk Govt. Hospital and subse-
quently shifted to Peerless General Hospital, Kolkata on 2.12.2014 and after
treatment expired over there on 7.12.2014 at 0740 am.‖
8. On reading of the above, we find that the conclusion of the investigator is
based upon something revealed during investigation. However, there is no evidence to
show as to what is the source of that revelation. Therefore, it cannot be said that the
petitioner has discharged its onus to prove that the insured had committed suicide.
Thus, in our view, even the repudiation is not justified.
9. In view of the discussion above, we do not find merit in the revision peti-
tion. Accordingly dismissed.

......................J
AJIT BHARIHOKE
PRESIDING MEMBER
......................
REKHA GUPTA
MEMBER

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