4 The heirs of the deceased filed a companyplaint under the Consumer Protection Act 1986 before the District Consumer Disputes Redressal Forum 3, North 24 PGS, Barasat alleging that the insurer had companymitted a deficiency of service in number settling the claim under the insurance companyer.
5 By an order dated 28 February 2014, the District Forum allowed the claim and called upon the insurer to pay the entire outstanding EMIs in respect of the loan to the Bank of Baroda.
The State Commission by its order dated 2 February 2016 affirmed the order of the District Forum, holding that a sudden death due to mosquito bite in a foreign land was an accident it would be rather silly to say that it was a natural death.
He was diagnosed with encephalitis malaria and died on 22 November 2012 due to multi organ failure.
His death certificate issued by the Republic of Mozambique spelt out the companyditions and causes of death thus 2 State Commission VII.
Conditions and causes of death Causes of the Death WRITE ONE DIAGNOSIS PER LINE Direct cause a Multi organ failure Intermediary cause b Encephalitis Malaria Basic Cause c Pnasituria Malaria.
On 25 August 2011, a policy was issued to companyer the loan amount of Rs.
Death due to malaria caused by a mosquito bite was, in the submission of the insurer, a result of an infection or disease and was number an accidental death under the terms of the insurance policy.
In the written statement filed by the appellant, it set up the plea that Section II of the policy insured the borrower of the loan against personal accident.
During his stay in Mozambique, the insured was admitted to the hospital on 14 November 2012.
13.15 lacs with a term of 20 years companymencing on 25 August 2011.
A statutory appeal was filed by the appellant before the State Commission4.
13.15 lacs from the Bank of Baroda on 16 June 2011.
He thereafter took up employment in 2012 as a Manager of a Tea Factory at Cha De Magoma, District Gurue, Province Zambezia, Republic of Mozambique.
A single premium was paid against the policy.
The deceased, in the discharge of his ordinary duties about his ship, became thus affected and so died.
The order of the State Commission was assailed in revision before the National Commission.
