Rajasthan

StateCommission

A/1183/2010

Dev Datt Sharm s/o Shri Ganashi Lal Sharma - Complainant(s)

Versus

Disst Collector Bhartpur - Opp.Party(s)

Puneet Sharma

15 Apr 2015

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO: 1183 /2010

 

Devdutt Sharma s/o Ganeshilal Sharma r/o Subhash Colony, Near Khandelwal Transport Co., Bharatpur.

Vs.

Distt. Collector, Bharatpur & Director, State Insurance & GPF Deptt., Vitt Bhawan, D-Block,IInd floor, Jyoti Nagar, Jaipur & ors.

 

Date of Order  15.4.2015

 

Before:

 

Hon'ble Mr.Vinay Kumar Chawla-Presiding Member

Mr. Liyakat Ali - Member

 

Mr.Puneet Sharma counsel for the appellant

Mr.Vijay Sharma counsel for respondent no. 1 to3 (Collector & State Insurance Deptt.)

Mr.Prem Prakash counsel for respondent no.4 (CMHO Babu Rajbahadur Memorial Hospital,Bharatpur)

 

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BY THE STATE COMMISSION

 

This appeal has been preferred against judgment dated 24.5.2010 passed by the learned DCF Bharatpur by which it dismissed the complaint.

 

Brief facts giving rise to this dispute are that the complainant is working as Male Nurse Gr.II under CMHO Babu Rajbahadur Memorial Hospital,Bharatpur. He was posted at Police Dispensary,Bharatpur. Since there was no vacancy of Male Nurse Gr.II in this hospital, his salary was being drawn against the vacant post of Smt.Neelam Anand who had gone for long leave.The complainant's salary was being drawn against this post from 17.11.05. Smt.Neelam Anand joined on 12.4.06 and the CMHO opposite party no.4 issued an order on 31.5.06 directing that salary of the complainant will be drawn against the vacant post of Male Nurse Gr.II of the General Hospital Bharatpur. His salary for the month of April 2006 and May 2006 was drawn against this vacant post on 19.6.06. Meanwhile the complainant who was also a member of Personal Accident Scheme of the State Insurance met with an accident on 1.5.06 and was admitted to hospital at Bharatpur later referred to SMS

 

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Hospital,Jaipur. His salary bills of April 2006 and May 2006 were returned by the Treassury with the objection that a sum of Rs. 150/- which was to be deducted as annual premium towards personal accident insurance scheme has not been deducted and the complainant may be directed to separately submit a DD of Rs.150/- towards this premium which the complainant sent in July 2006. His accident claim was repudiated by the State Insurance Deptt. on the ground that the premium due in April 2006 was not received by the department hence, no claim is payable. Against this a consumer complaint was filed by the complainant which was dismissed by the learned DCF.

 

The learned counsel for the appellant has argued that it was the duty of the opposite party no.4 CMHO Babu Rajbahadur Memorial Hospital,Bharatpur to deduct the annual premium from the salary of April 2006. If the premium was not deducted from his salary, it was no fault of the complainant and he cannot be deprieved of the insurance benefit.

 

The learned counsel for respondent no.4 CMHO Babu Rajbahadur Memorial Hospital,Bharatpur has argued that when the salary for the month of April 2006 was not paid to the

 

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complainant therefore, the premium could not be deducted and it

was the duty of the complainant to deposit the premium with the State Insurance Department.

 

The learned counsel for the complainant has refuted this argument on the ground that the complainant was never informed of non-deduction of the premium from his salary and at that time he was admitted in the hospital at Jaipur. Had he been informed of the fact that premium has not been deducted, he would have sent the premium.

 

The learned counsel for the State Insurance Department has argued that since the premium had not been paid, no risk was covered during that period.

 

We have heard the respective counsels and have perused the record.

 

The Finance Department of the Govt. of Rajasthan issued a circular dated 19.4.06 directing all the Head of Departments, Distt. Collectors, Distt. & Session Judges, All Treasury Officers and DDOs to deduct a sum of Rs. 150/- towards premium of

 

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Personal Accident Insurance Scheme which was to be renewed from 1.5.2006. It was also directed in above circular that employees whose salary was not drawn on 1.5.2006, they were directed to forward the premium through Demand Draft to Director of State Insurance Department.

 

In this matter the complainant's salary was being drawn by the opposite party no.4 against the vacant post of Smt.Neelam Anand,female nurse who was posted at Babu Rajbahadur Memorial Hospital,Bharatpur and was on long leave. She joined on 12.4.2006 and the salary of the complainant was not drawn. It was within the knowledge of the complainant that consequent upon joining of Smt.Neelam Anand, his salary for the month of April 2006 will not be drawn against the present post. It was strange coincidence that he met with an accident on 1.5.2006 and was admitted to hospital. His premium for personal accident insurance scheme was not paid. The premium was paid by him in July 2006. His salary for the month of April 2006 and May 2006 was not drawn and the orders for this were made on 31.5.2006. Thus, the complainant though admitted in the hospital should have enquired about his salary and the premium to be paid for this insurance scheme.

 

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In view of this we find no force in this appeal and the same is dismissed.

 

 

( Liyakat Ali ) (Vinay Kumar Chawla)

Member Presiding Member

 

 

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