Consumer panel in TN orders insurance company to pay Rs 10 lakh to kin of train passenger

In November 2021, when Pachaikili and her husband, Palraj, were travelling in a train from Virudhunagar to Chennai, Palraj accidentally fell down the train and died on the spot.
Image used for representational purpose only.
Image used for representational purpose only.

VIRUDHUNAGAR: The District Consumer Redressal Commission in Srivilliputhur directed an insurance company to pay a travel insurance of Rs 10 lakh, along with litigation expenses of Rs 10000, to the kin of a passenger who died after falling from a train in 2021. The commission observed a deficiency in service as the company refused to pay the amount, despite the family having availed the insurance during ticket reservation.

The commission, comprising President SJ Chakkkaravarthy and member M Muthulakshmi, issued the verdict in a petition filed by P Pachaikili, a resident of Mallankinaru, and her children against the manager and general manager of the insurance company in Madurai and Chennai, respectively.

In November 2021, when Pachaikili and her husband, Palraj, were travelling in a train from Virudhunagar to Chennai, Palraj accidentally fell down the train and died on the spot. The petitioners claimed that following the death, they approached the insurance company and sought a travel insurance of Rs 10 lakh. However, the company went on delaying the payment.

Meanwhile, the respondents stated that there was no proof regarding the reason for the demise of Palraj, and refused the insurance claim stating that the demise of Palraj was due to his carelessness. They further added that the claim must be filed within four months of the incident.

However, the commission observed that the respondents did not offer a proper reply when the petitioners approached them earlier and it was not fair to cite delay as a reason for refusing payment. The panel further cited that the company did not pay the amount, despite the fact that death is considered as an untoward incident and, in the case, it occurred as per the policies mentioned in the insurance claim.

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