PER MR.B.S.WASEKAR, HON’BLE PRESIDENT
1) The present complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986. According to the complainant, her husband Shri Mahadev Eknath Ghadge was an agriculturist holding Gut No.162 at village Valuj, Taluka-Mohol, District-Solapur. He died accidentally on 15th August, 2011 due to snake bite. She submitted insurance claim under the Government Scheme of Shetkari Apghat Vima Yojana. Her claim was not satisfied therefore she has filed this complaint for insurance claim of Rs.1 Lakh with interest.
2) The opponent appeared and filed written statement. It is submitted that the claim was rejected vide letter dated 1st August, 2012 as complete set of documents was not submitted within time as per Tripartite Agreement therefore, she can not file claim before this Forum. There is no deficiency in service on the part of the opponent therefore the complaint is liable to be dismissed with cost.
3) After hearing both the parties and after going through the record, following points arise for our consideration.
POINTS
Sr.No. | Points | Findings |
1) | Whether there is deficiency in service ? | No |
2) | Whether the complainant is entitled for the relief as claimed ? | No |
3) | What Order ? | As per final order |
REASONS
4) As to Point No.1 & 2 :- According to the complainant, her husband died due to snake bite. Alleged snake bite took place on 31st July, 2011 and he died on 15th August, 2011. Post Mortem Report is produced on record. As per the Post Mortem Report, cause of death is Septicemia with Koch’s disease. There is no mention of snake bite or snake poison in the Post Mortem Report. On perusal of Post Mortem Report, the deceased died due to Koch’s disease and not due to snake poison. Death due to Koch’s disease can not be said as accidental death. Moreover, as per the Post Mortem Report, the deceased was aged about 75 years old on the day of death. Therefore, the complainant is not entitled for the benefit under the scheme of Shetkari Apghat Vima Yojana. Hence, we proceed to pass the following order.
ORDER
- Complaint stands dismissed.
- Parties are left to bear their own costs.
- Inform the parties accordingly
Pronounced on 23rd February, 2015
