Oral

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal no.907 of 2017

The Oriental Insurance Co. Ltd. vs. District Magistrate & ors.                                          

ORDER

(Delivered by Sri Sushil Kumar, Member)

20.9.2024

Case called out. Heard ld. counsel for the appellant Sri Vaibhav Raj and ld. counsel for the respondent Sri N.s. Chauhan.

This appeal has been filed against the judgment and order dated 29.6.2019 passed by the ld. District Forum-I, Lucknow in complaint case no.215 of 2011, whereby the defendant insurance company is directed to pay Rs.1 lac alongwith interest @9% to the complainant which is payable due to the death of the insured person on 4.5.2010.

Ld. counsel for the appellant submitted that as per the circular issued by the Govt. of UP every farmer between the age of 12 year to 70 years is insured and entitled to get personal accidental insured amount but the complainant in this case, is about the age of 72 years, therefore, he is not entitled to the benefit of this scheme.

At the time of hearing of this appeal, ld. counsel for the respondent with the permission of this bench produced the Voter ID card issued by the Election Commission of India in favour of the deceased person. This ID card was issued on 1.5.1995 and on that date the deceased’s age is shown as 50 years and he died on 4.5.2010. This document is prepared under the authority of Government of India, therefore, admissible in evidence under section 35 of the Evidence Act and as per Voter ID card the age of the card holder is 50 years on 1.5.1995. Therefore, on the date of death i.e. on 4.5.2010, the age of the deceased was 70 years. Therefore, the complainant is entitled to get the insured amount of the deceased.

The appeal is dismissed.

If, any amount, is deposited by the appellant at the time of filing of this appeal under section 15 of the Consumer

(2)

Protection Act, 1986, may be remitted to the ld. District Consumer Forum concerned for satisfying the decreed, as per rules alongwith accrued interest upto date.

The stenographer is requested to upload this order on the Website of this Commission today itself. 

Certified copy of this judgment be provided to the parties as per rules.

      (Sudha Upadhyay)                             (Sushil Kumar)    

            Member                                     Presiding Member

Jafri, PA I

Court 2