Order in MA/22/14 IN CC/22/173    

         Per M.P.Kasar Member                       

1. Complainant states that, complainants husband accidently died on 21/10/2013 so complainant filed claim form with required documents to the Talathi within time but according to the complainant opposite party not sanctioned complainants claim and kept pending.   Notice issued by the complainant vides dated 14.05.2018 also neglected by the opposite party.  Complainants is women and illiterate women and do not posses legal knowledge hence delay caused to file present complaint so in the interest of justice delay of 6years 10 months 14 days may be condoned.
2. Opposite party filed say stating in that, complainant failed to substantiate reason for her failure to approach this commission.  No single piece of correspondence has been placed on record to show that; complainant was diligently following up upon the claim. According to the opposite party this commission have no authority to entertain an application which is filed beyond the stipulated period of 2 years. According to the opposite party the cause of action began and continuously ran from 21/10/2013 when the life assured expired. Opposite party relied upon decision of Hon’ble Supreme Court held in State Bank of India v/s  B.S.Agriculture Industries CA No.2067 of 2002 decided on march 20,2009,(2009)5 SC121. In which it has been held that, ‘ 23. In the result, the appeal is allowed and the decision of the National Commission dated 01/10/2001, affirming the orders of the State Commission and the District Commission, is set aside.  The complaint stands dismissed as time barred.  The parties shall bear their own costs.’ Thus according to the opposite party delay has not been explained each and every day by the complainant so present application be dismissed with cost.
3. Heard Advocate of the parties, perused application and reply. To decide application on merit we frame issues as follows :-

Issues

As to Issue No.1 & 2:-      No dispute regarding death of complainants husband also no dispute in regard deceased was farmer and complainant is hair of deceased and is also farmer. No dispute in regard complainant is illiterate women and also no dispute in regard complainant have no knowledge of legal proceeding. Also no dispute in regard complainant is covered by Farmers Accidental Insurance Policy.   Perused judgement passed by Hon’ble State Commission inFirst Appeal No.FA/15/623 vide dated 03/04/18  Smt.Kamalavati Suryakant Rane v/s National Insurance Company and otrs .Considering issues related to insurance claim not get to complainant and issues raised by the opposite party can be decide on merit  so delay caused to file present complaint we are of the opinion that, is condonable in view  of circumstances of complainant & principle of natural justice we pass order as

6698606.         ORDER

Misc.Application No.22/14 for delay condonation filed by the complainant is hereby allowed below section 69 (2) of Consumer Protection Act 2019 and delay of 06 years 10 months 14 daysis hereby condoned in the interest of justice and no order as to cost.