Haryana

Sonipat

120/2014

Smt. kanta Devi w/o Late Sh Surender Singh - Complainant(s)

Versus

Divisional Manager United India Insurance co.,2, united India Insurance co. Sonepat - Opp.Party(s)

Anand Singh

17 Nov 2014

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SONEPAT.

             

                             Complaint No.120 of 2014

                             Instituted on: 05.05.2014

                             Date of order:05.05.2015

 

1.      Kanta Devi wife of late Surender Singh.

2.      Mohani daughter of late surrender singh.

3.      Ravinder son of late surrender singh.

All residente of village garh Mirakpur, Tehsil and distt Sonepat.

 

                                                ...Complainant.

 

                      Versus

 

1.      Division manager, United Indai Ins. Co. Ltd., Divisional officer, SCO No. 72, Phase IX, SAS, Nagar Mohali – 160062.

2.      The Manager, United India Ins. Co. Ltd. , Vardhman Complex Opp. Civil Hospital, Sonepat .

 

                                                ...Respondents.

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT. 1986

 

Argued by:  Sh. Anand Pal Antil, Adv. For Complainant.

          Sh. R.S. Malik, Adv. For Respondent   

 

 

BEFORE    NAGENDER SINGH, PRESIDENT.

          PRABHA WATI, MEMBER.

          D.V. RATHI, MEMBER.

 

O R D E R

          Complainants have filed the present complaint being the LRs of late surrender Singh against the respondents alleging therein that the husband of complainant no. 1 and father of complainant no. 2 and 3 have died on 16.05.2013 due to electric shock. The complainants submit the same was rejected by the respondents and this wrongful act of the respondents has caused unnecessary mental agony and harassment. So they have come to this forum and has filed the present complaint.

2.   in reply  the respondents have submitted that from the police report and PMR, it is revealed that the deceased was electrocuted and died at the spot. The deceased was not an electrician. By climbing on the electric pole without any protection, he tried to cut the service wires of the transformer and this act of the deceased was suicidal. The claim is against the insurance policy and the complainants are not entitled for any relief and compensation as the claim was rightly repudiated by the respondents and thus, prayed for the dismissal of the present complaint.

3.   We have heard both the learned counsel for the parties at length and have also gone through the entire case file very carefully.

     The complainants by way of present complaint have claimed the relief to direct the respondents to pay an amount of Rs. 1 Lac along with interest and compensation.

     The respondents have placed on record the copy of kishan credit Card scheme Policy for the period 19.08.2012 to 18.08.2013 (insured the Sonepat Central Co Op bank Ltd.. and as per this Policy, Sum insured per person is Rs. 50,000/- .

 

     Now  coming to the merits of the case, whether the complainants are entitled for any relief or not.

 

     In the present case the claim of the complainants was repudiated by the respondents vide letter dated 03.12.2013 and as per this letter, the complainants were informed that the deceased was indulged in illegal activities at the time of his death. The deceased had died due to electrocution.

 

     The respondents in support of their case has placed on record Ex R1 affidavit of Urmi Nagpal deputy Manager united India Ins. Co. Ltd.,Ex. R2 repudiation letter dated 3.12.2013 and report of surveyor as Ex. R3.

     As per the surveyor, the complainant has tried to cut the electricity service line of the transformer and during this process, he suffered injuries due to electrocution and died.

 

     The respondents have also placed on record Ex. R4 death report u/s 174 Cr. P.C. prepared by PS Rai copy of DD report as EX R5 and list of card holders of Sonepat central Co Op Bank as Ex R6

     The bare perusal of the list ex R6 shows that the name of deceased surrender son of Charan Singh falls at serial no. 334.

 

     As per DD report, some trees have fallen on the electricity line in the village and to save the life of human being and animals as well the deceased rushed towards the transformer and tried to cut the electricity supply and in that process he suffered injuries. The surveyor has suicidal so the act of the deceased does not fall under the policy.

 

          In our view there is no dispute with regard to the fact that the deceased was the member of Sonepat central co op bank and he was the account holder of the aforesaid bank and the said bank has also obtained Kishan Credit Card scheme Policy for their account holders and every account holder is insured for the sum of Rs. 50,000/- in our view the deceased had lost his life to save the lives of human beings and animals as well so this act cannot be termed as suicidal one. Accordingly it is held that the respondents are complainants. Thus we hereby direct the respondents to make the payment of Rs. 20,000/- to complainant no. 1 Rs. 15000/- each to the complainants no. 2 and 3 the respondents are further directed to make the above said payment to the complainants within a period of 45 days from the date of passing of this order, failing which the above said amount from the date of filling of the present complaint till realization the respondents are further directed to compensate the complainant no. 1 to the tune of Rs. 5000/- (Rs. Five thousand ) under the head of litigation expenses.

 

     With these observations findings and directions the present complaint stands allowed.

 

Certified copies of order be provided to the parties free of costs file be consigned to the record room.     

 

 

 

 

(Prabha Wati)      (DV Rathi)         Nagender Singh-President)

Member DCDRF      Member DCDRF                DCDRF, Sonepat.

 

Announced: 05.05.2015