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 Dattatraya Damodar Bhujbal was an agriculturist holding Gut No.2956 at village Ale, Taluka-Junnar, District-Pune. He died accidentally on 25^th November, 2010 in motor vehicle accident. 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 O.P.No.1 appeared and filed written statement. It is submitted that the claim was rejected vide letter dated 9^th June, 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)                The O.P.No.2 appeared and filed written statement and submitted that claim was received through District Agricultural Officer, Pune and the same was forwarded to the O.P.No.1 and the O.P.No.1 repudiated the claim vide letter dated 9^th June, 2012.

4)                The O.P.No.3 remained absent though duly served.

5)                After hearing all the parties and after going through the record, following points arise for our consideration.

POINTS

REASONS

6) As to Point No.1 & 2 :- The complainant has produced revenue record showing that her husband was holding agricultural land and he was farmer. As per Tripartite Agreement, it was necessary for the complainant to submit copy of F.I.R., Post Mortem Report, Spot Panchanama, Inquest Panchanama along with the claim form.  According to the opponents, the required documents were not submitted along with the claim form therefore the claim was repudiated vide letter dated 9^th June, 2012.  In this complaint, the complainant has produced copy of F.I.R. and Spot Panchanama.  She has not produced copy of Inquest Panchanama and Post Mortem Report.  On perusal of F.I.R., information was given to the Police on 9^th February, 2011 though the accident took place on 25^th November, 2010.  Thus, F.I.R., was lodged 2 ½ month after the alleged accident.  The complainant has produced one certificate from Wockhardt Hospital dated 26^th February, 2011.  It shows that Dattatray Bhujbal was admitted in the hospital on 20^th January, 2011 and died on 21^st January, 2011. The alleged accident took place on 25^th November, 2010 but the hospital certificate shows that he was admitted in hospital on 20^th January, 2011.  There is no evidence on record showing that the deceased died due to the accidental injuries.  In order to claim the benefit under the Scheme, the complainant must prove that farmer died in the accident.  There must be evidence on record showing that the deceased died due to accident.  In this complaint, accident took place on 25^th November, 2010 but police complaint lodged on 9^th February, 2011.  The hospital certificate shows that he was admitted in the hospital on 20^th January, 2011 and died on 21^st January, 2011.  Thus, there is no connection of death with the alleged accident.  Therefore, the complainant is not entitled for the benefit of the Scheme. The complainant has not complied the requirement under the Tripartite Agreement therefore she is not entitled for the relief as prayed.  Hence, we proceed to pass the following order.

ORDER

1. Complaint stands dismissed.
2. Parties are left to bear their own costs.
3. Inform the parties accordingly.

Pronounced on 3^rd January, 2015