The case of the complainant was that his wife was insured with the insurer for a sum of Rs.75000/- since 1991.In 1993 her saree caught fire and she succumbed to her injuries and burns. The complainant approached the insurer, which merely paid the sum of Rs.8327/- being the premium amount but no other sum. The contention of the complainant was as death was accidental he was entitled to twice the amount of sum assured. He filed a complaint with the district forum which held that there was deficiency in service and decreed a claim of Rs.150000/- together with interest @12% p.a. from date of compliant till realization.
The insurer approached the state commission in appeal.
The appellate court observed it was not disputed that she died within 3 years of taking the policy and what was the effect of the relevant policy clause in such a situation. The policy clearly shows that clause 4B has been adopted and read into the policy. The complainant’s wife agreed to the said clause and signed for adoption of the said clause. Therefore it cannot be said that the clause has no application to the policy in question.
The relevant clause 4B contains the declaration that in the event of the life assured occurring due to self-injury, suicide, attempted suicide, etc. on or after the date on which the risk under the policy commenced but within 3 years from the date of the policy the liability of LIC will be limited to refund of premium amounts only (exclusive of any extra premiums paid.)


Held: The appeal of insurer was allowed and order of lower court set aside


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