(O&M) v. ICICI Prudential Life Insurance Company Limited

Advocate, Mr. Hitender Kansal, Advocate, for the petitioner. Kundra and Mr. Prateek Singh, Advocates, Mr. Arjun Kundra and Mr. Prateek Singh, Advocates, for respondent No.4. GURVINDER SINGH GILL, J. GURVINDER SINGH GILL, J.

1. petitions filed on behalf This order shall dispose of aforementioned two writ petitions filed on behalf This order shall dispose of aforementioned two This order shall dispose of aforementioned two of the petitioner petitioner – ICICI Prudential Life Insurance Company Ltd. ICICI Prudential Life Insurance Company Ltd. assailing common order dated 19.08.2025 (Annexure P common order passed by the National (Annexure P-15) passed by the National evision Consumer Disputes Redressal Commission (NCDRC), whereby Revision Consumer Disputes Redressal Commission Consumer Disputes Redressal Commission by the No.1936 of 2024 and Revision Petition No.1937 of 2024 filed by the No.1936 of 2024 and Revision Petition No.1937 of 2024 Petition No.1936 of 2024 and Revision Petition No.1937 of 2024 petitioners challenging common order dated order dated 05.03.2024 (Annexure P-1 14) VIMAL KUMAR 2026.04.09 10:05 I attest to the accuracy and integrity of this document (O&M) CWP-37413-2025 (O&M) ( 2 ) passed by the State Consumer Disputes Redressal Commission (SCDRC) passed by the State Consumer Disputes Redressal Commission passed by the State Consumer Disputes Redressal Commission Appeal No.A/314/2023 filed on behalf of respondent No.4 and Appeal Appeal No.A/314/2023 filed on behalf of respondent No.4 and Appeal Appeal No.A/314/2023 filed on behalf of respondent No.4 and Appeal Appeal No.A/314/2023 filed on behalf of respondent No.4 and Appeal No.A/82/2024 filed on behalf of the petitioner, have been dismissed. No.A/82/2024 filed on behalf of the petitioner No.A/82/2024 filed on behalf of the petitioner

2. the petitions are that the A few facts necessary to notice for disposal of both the petitions are that the A few facts necessary to notice for disposal of A few facts necessary to notice for disposal of petitioner – – Insurance Company had issued a master policy under Pru had issued a master policy under ‘ICICI Pru Group Loan Secure Policy’ bearing number 234435996 Group Loan Secure Policy wherein Amandeep bearing number 234435996, wherein Amandeep had also been insured. However, said Amandeep Singh Sra died Singh Sra had also been insured. However, said Amandeep Singh Sra died had also been insured. However, said Amandeep Singh Sra died had also been insured. However, said Amandeep Singh Sra died within 10 months of issuance of said policy within 10 months issuance of said policy. Thereafter, respondent No.4 Thereafter, respondent No.4 – Kanwalpreet Kaur i.e. the widow of Amandeep Singh Sra Kanwalpreet Kaur lodged a the widow of Amandeep Singh Sra, lodged a complaint asserting accidental death, but complaint asserting accidental death, declined by the but the same was declined by the petitioner – – Insurance Company on the premise that it was a case of suicide ompany on the premises that it was a case of suicide Kanwalpreet Kaur consequently filed a within one year. Respondent No.4 - Kanwalpreet Kaur consequently filed a Kanwalpreet Kaur consequently filed a within one year. Respondent Commission, complaint before the District Consumer Disputes Redressal Commission, complaint before the District Consumer Dispute complaint before the District Consumer Dispute Chandigarh, which was partly allowed vide order dated Chandigarh

01.09.2023 which was partly allowed vide order dated 01.09.2023 (Annexure P The operative part of the said order is reproduced herein- nnexure P-13). The operative part of the said order is reproduced herein The operative part of the said order is reproduced herein under: Hence, the present complaint deserves to be partly allowed and the Hence, the present complaint deserves to be partly “15. Hence, the present complaint deserves to be partly same is accordingly partly allowed. OP No.1 is directed to release an same is accordingly partly allowed. OP No.1 is same is accordingly partly allowed. OP No.1 is amount of Rs.46,80,329/- (Rs.47,93,516/ amount of Rs.46,80,329/ (Rs.47,93,516/- minus Rs.1,13,187/- already paid by OP No.1 to OP No.2 i.e. 80% of the total premium amount) paid by OP No.1 to OP No.2 i.e. 80% of the total premium amount) paid by OP No.1 to OP No.2 i.e. 80% of the total premium amount) along with interest @ 9% p.a. from the date of repudiation of the claim along with interest @ 9% p.a. from the date of repudiation of the claim along with interest @ 9% p.a. from the date of repudiation of the claim te of actual refund/release to OP No.2 towards i.e. 04.06.2020 till the date of actual refund/release to OP No.2 towards i.e. 04.06.2020 till the da the balance outstanding principal loan amount account No.844903. OP the balance outstanding principal loan amount account No.844903. OP the balance outstanding principal loan amount account No.844903. OP No.2 is also directed to accept and adjust the above said amount No.2 is also directed to accept and adjust the above said amount No.2 is also directed to accept and adjust the above said amount towards settlement of the Housing Loan Account No.844903 and issue towards settlement of the Housing Loan Account No.844903 and issue towards settlement of the Housing Loan Account No.844903 and issue ledgement/loan settlement to the complainant after receiving an acknowledgement/loan settlement to the complainant after receiving an acknow the balance loan amount, if any (in case the loan amount is excessive the balance loan amount, if any (in case the loan amount is excessive the balance loan amount, if any (in case the loan amount is excessive than the awarded amount) or pay the balance amount to the than the awarded amount) or pay the balance amount to the than the awarded amount) or pay the balance amount to the VIMAL KUMAR 2026.04.09 10:05 I attest to the accuracy and integrity of this document (O&M) CWP-37413-2025 (O&M) complainant, if any (in case the loan amount is lesser than awarded complainant, if any (in case the loan amount is lesser than awarded complainant, if any (in case the loan amount is lesser than awarded ( 3 ) amount).” amount).

3. Aggrieved against the said order dated 01.09.2023 (Annexure P Aggrieved against the said order dated 01.09.2023 (Annexure P-13), both respondent No.4 – Kanwalpreet Kaur as well as the petitioner respondent No.4 Insurance as well as the petitioner – Insurance Company preferred preferred separate appeals i.e. Appeal No.A/31 /2023 and Appeal i.e. Appeal No.A/314/2023 and Appeal No.A/82/2024 respectively, /82/2024 respectively, before the SCDRC common before the SCDRC. The SCDRC vide common order dated 05.03.2024 (Annexure P-14) order dated while dismissing the appeal 14), while dismissing the appeal (Appeal No.A/82/2024) filed by the petitioner (Appeal No.A/82/2024) filed by the petitioner – Insurance Company and partly accepting the appeal (Appeal No.A/314/2023) partly accept ed by respondent No.4 (Appeal No.A/314/2023) filed by respondent No.4 – Kanwalpreet Kaur issued the following directions: Kanwalpreet Kaur, issued the following directions: “30. In view of above, Appeal No.314 of 2023 "Kanwalpreet Kaur Vs. In view of above, Appeal No.314 of 2023 "Kanwalpreet Kaur Vs. In view of above, Appeal No.314 of 2023 "Kanwalpreet Kaur Vs. ICICI Prudential Life Insurance Co. Ltd. & Anr.", stands partly ICICI Prudential Life Insurance Co. Ltd. & Anr.", stands partly ICICI Prudential Life Insurance Co. Ltd. & Anr.", stands partly accepted. The orders of the Learned District Commission are modified accepted. The orders of the Learned District accepted. The orders of the Learned District and Respondents/Opposite Parties are directed as under:- and Respondents/Opposite Parties are directed as under: and Respondents/Opposite Parties are directed as under: (i) Opposite Party No.1 is directed to make the payment of entire Opposite Party No.1 is directed to make the payment of entire loan amount outstanding, along with upto date interest accrued loan amount outstanding, along with upto date interest accrued thereon, out of the death benefit of ₹47,93,516/- (minus thereon, out of the death benefit of already paid by OP No.1 to OP No.2 i.e. 80% of the ₹1,13,187/- already paid by OP No.1 to OP No.2 i.e. 80% of the total premium amount) and additional accidental death benefit of total premium amount) and additional accidental death benefit of payable ₹47,93,516/- payable the Complainant/ Appellant and the Complainant/ Appellant and thereafter, thereafter, the balance amount the balance amount shall be paid shall be paid Complainant along with interest @ 9% p.a. from the Appellant/Complainant along with interest @ 9% p.a. from the date of death i.e. 06.06.2019 till realization. date of death i.e. 06.06.2019 till realization. (ii) Opposite Party No.2 Opposite Party No.2 also directed also directed acknowledgement/loan settlement to the complainant after acknowledgement/loan settlement to the receiving the balance loan amount forthwith. receiving the balance loan amount forthwith. (iii) This order be complied with by the Opposite Parties jointly and This order be complied with by the Opposite Parties jointly and severally, within 60 days from the date of receipt of its certified severally, within 60 days from the date of receipt of its certified copy, failing which, the awarded amount shall carry interest copy, failing which, the awarded amount shall carry interest @12% p.a., instead of 9% p.a. from the date of death i.e. @12% p.a., instead of 9% p.a. from the date of death i.e.

06.06.2019 till realization.” VIMAL KUMAR 2026.04.09 10:05 I attest to the accuracy and integrity of this document (O&M) CWP-37413-2025 (O&M) ( 4 )

4. Still aggrieved, the petitioner Still aggrieved, the petitioner - Insurance Company revision Insurance Company filed separate revision (Annexure before the NCDRC challenging order dated 05.03.2024 (Annexure before the NCDRC challenging order dated petitions before the NCDRC challenging order dated which also came to be dismissed vide impugned order dated P-14), which also came to be dismissed vide impugned order dated which also came to be dismissed vide impugned order dated which also came to be dismissed vide impugned order dated 15), which is being assailed before this Court. 19.08.2025 (Annexure P-15), which is being assailed before this Court 19.08.2025 (Annexure P

5. while assailing the impugned order dated Learned counsel for the petitioner while assailing the impugned order dated while assailing the impugned order dated Learned counsel for the petitioner

19.08.2025 (Annexure P-15) vehemently argued that 19.08.2025 it is admittedly a case ) vehemently argued that it is admittedly a case h Sra had committed suicide, as was where the deceased Amandeep Singh Sra had committed suicide, as was h Sra had committed suicide, as was where the deceased Amandeep Sing mortem rightly reported in a newspaper and as is also found from the post-mortem rightly reported in a newspaper and as is also rightly reported in a newspaper and as is also report, which shows that there was an entry wound on the one side of skull of report, which shows that there was an entry wound on the one side of skull of report, which shows that there was an entry wound on the one side of skull of report, which shows that there was an entry wound on the one side of skull of deceased and the deceased and an exit wound on other side of skull of the deceased and the deceased and an exit wound on other side of skull of the the deceased and an exit wound on other side of skull of the Learned counsel in this such like shot could not have been accidentally fired. Learned counsel in this such like shot could not have been accidentally fired. such like shot could not have been accidentally fired. mortem context has drawn the attention of this Court to the copy of the post-mortem context has drawn the attention of this Court to the copy of the post context has drawn the attention of this Court to the copy of the post report (Annexure P-17). The relevant extract report (Annexure P mortem report is 17). The relevant extract from the post-mortem report is Marked Injury Number Number No reproduced herein-under: Examination of External Injuries Examination of External Injuries Sr. No.

1. Injuries Injuries Entry wound with blackening around its margins in the Entry wound with blackening around its margins in the Entry wound with blackening around its margins in the form of lacerated punctured wound 0.5 x 0.5 cm form of lacerated punctured wound 0.5 x 0.5 cm form of lacerated punctured wound 0.5 x 0.5 cm present on right temporal area of head. Margins were present on right temporal area of head. Margins were present on right temporal area of head. Margins were inverted clotted blood present. On dissection extra inverted clotted blood present. On dissection extra inverted clotted blood present. On dissection extra cranial haemoloma present on fronto parieto temp cranial haemoloma present on fronto parieto temporal cranial haemoloma present on fronto parieto temp area on right side. Fracture of frontal, right parietal area on right side. Fracture of frontal, right parietal area on right side. Fracture of frontal, right parietal and right temporal bone present. Infiltration of blood and right temporal bone present. Infiltration of blood and right temporal bone present. Infiltration of blood present at fracture ends. On removing the cranial vault present at fracture ends. On removing the cranial vault present at fracture ends. On removing the cranial vault beveling of inner cable of skull present. Meninges beveling of inner cable of skull present. Meninges beveling of inner cable of skull present. Meninges on right temporopanial torn, lacerated wound present on right temporopanial torn, lacerated wound present area. Tracking of wound present towards left parieto area. Tracking of wound present towards left parieto area. Tracking of wound present towards left parieto temporal area, corresponding exist wound with temporal area, corresponding exist wound with temporal area, corresponding exist wound with beveling on its outer lable of skull and facerated beveling on its outer lable of skull and facerated beveling on its outer lable of skull and facerated 0.6 cm on the left punctured wound with size 0.6 x 0.6 cm on the left punctured wound with size 0.6 x side of head. side of head. VIMAL KUMAR 2026.04.09 10:05 I attest to the accuracy and integrity of this document (O&M) CWP-37413-2025 (O&M)

6. Learned counsel ha referred to a copy of news item annexed with the counsel has also referred to a copy of news item annexed with the referred to a copy of news item annexed with the ( 5 ) It has further been submitted that the matter had been got petition. It has further been submitted that the matter had been got It has further been submitted that the matter had been got It has further been submitted that the matter had been got investigated by the investigator of the Insurance Company, who had found investigated by the investigator of the Insurance Company, who had found investigated by the investigator of the Insurance Company, who had found investigated by the investigator of the Insurance Company, who had found that it was a case of suicide and not of accidental fire. that it was a case of suicide and not of accidental fire. that it was a case of suicide and not of accidental fire. of learned considered the aforesaid submissions raised on behalf of learned considered the aforesaid submissions 7. We have considered the aforesaid submissions counsel for the petitioner and have also gone through the entire petition counsel for the petitioner and have also gone through the entire petitions well as the documents annexed therein. well as the documents annexed therein

8. In the present case, the matter was duly investigated by the police and In the present case, the matter was duly investigated by the police and In the present case, the matter was duly investigated by the police and In the present case, the matter was duly investigated by the police and mandeep Singh Sra had died pursuant to the investigation, it was found that Amandeep Singh Sra had died pursuant to the investigation, it was found that A pursuant to the investigation, it was found that A due to accidental firing from his licensed weapon and consequently a closure due to accidental firing from his licensed weapon and consequently a closure due to accidental firing from his licensed weapon and consequently a closure due to accidental firing from his licensed weapon and consequently a closure report (Annexure P-11) was submitted, which was duly accepted by the report (Annexure P Sub 11) was submitted, which was duly accepted by the Sub Divisional Magistrate, Mohali. We find that Divisional Magistrate, Mohali investigating agency of the We find that it is investigating agency of the State, which had duly examined the matter and upon investigation had found , which had duly examined the matter and upon investigation had found duly examined the matter and upon investigation had found the case to be a case of accidental firing and had filed closure report, which the case to be a case of accidental firing and had filed closure report, which the case to be a case of accidental firing and had filed closure report, which the case to be a case of accidental firing and had filed closure report, which . Such like report cannot was duly accepted by the Sub Divisional Magistrate. Such like report cannot was duly accepted by the Sub Divisional Magistrate was duly accepted by the Sub Divisional Magistrate be discarded solely on the basis of some news report or some be discarded solely on th investigation e basis of some news report or some investigation conducted by the investigator of the Insurance Company itself. Thus, we conducted by the investigator of the Insurance Company itself. conducted by the investigator of the Insurance Company itself. not find any infirmity in the findings recorded by the not find any infirmity in the findings recorded by the NCDRC.

9. so as to assail the In any case, the scope of interference in writ jurisdiction so as to assail the In any case, the scope of interference in writ jurisdiction In any case, the scope of interference in writ jurisdiction said order would be very limited i.e. if there is some sheer perversity in the said order would be very limited i.e. if there is some sheer perversity in the said order would be very limited i.e. if there is some sheer perversity in the said order would be very limited i.e. if there is some sheer perversity in the there is some sheer misreading of evidence, which is not impugned order or if there is some sheer misreading of evidence, which is not there is some sheer misreading of evidence, which is not impugned order or there in the instant case. The Hon’ble Supreme Court in there in the instant case. M/s Garment Craft The Hon’ble Supreme Court in M/s Garment Craft