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, he is holding Gut No.105 at village Khamgalwadi, Taluka-Baramati, District-Pune. He suffered injury and disability due to fall of electric poll on his leg on 14th May, 2011. He submitted insurance claim under the Government Scheme of Shetkari Apghat Vima Yojana. His claim was not satisfied therefore he 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 as complete set of documents was not submitted within time as per Tripartite Agreement therefore, he 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, he suffered injuries and disability in the motor vehicle accident on 6th March, 2006. He has produced xerox coy of Disability Certificate issued by General Hospital, Aundh, Pune. In fact, it was necessary for the complainant to produce original Disability Certificate on record. He has also not produced medical case papers showing the injury suffered by him. As per xerox copy of Disability Certificate, the complainant suffered fracture injury and 52% disability. The Scheme of Shetkari Apghat Vima Yojana is applicable only to the following category. As per Tripartite Agreement Clause (I) 5),
5) Benefits :
Benefits | Compensation as % of the Capital Sum Insured |
Death only | 100 |
Loss of one limb or one eye | 50 |
Loss of sight on both eyes | 100 |
Loss of both hands | 100 |
Loss of both feet | 100 |
Loss of one hand and one foot | 100 |
Loss of one eye and one hand | 100 |
Loss of one eye and one foot | 100 |
In the instant complaint before us, the complainant suffered only fracture injury claiming 52% disability. There is no loss of any limb to the complainant. Therefore, the Scheme of Shetkari Apghat Vima Yojana is not applicable to the complainant. Hence, the complainant is not entitled for any benefit under this Scheme. Thus, the complainant is not entitled for any relief. 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 13th February, 2015
