PER MR.B.S.WASEKAR, HON’BLE PRESIDENT

1)                The present complaint has been filed by the complainants under section 12 of the Consumer Protection Act, 1986. According to the complainants, the deceased Shri Jagannath alias Jagan Kisan Darekar was the husband of complainant No.1 and the father of complainant No.2.  He was an agriculturist, holding agricultural land, Gut No.558 at village Darekarwadi, Taluka-Shirur, District-Pune.  He died accidentally on 9^th July, 2012 in motor vehicle accident. They submitted insurance claim under the Government Scheme of Shetkari Apghat Vima Yojana.  Their claim was not satisfied therefore they have 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 31^st December, 2012 as the insured was drunk therefore they 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 but failed to file written statement therefore the matter was proceeded without the written statement of the O.P.No.2

4)                After hearing the argument of complainant and the O.P.No.1, following points arise for our consideration.

POINTS

REASONS

5) As to Point No.1 & 2 :- The complainant has produced the revenue record showing that the deceased was holding agricultural land and he was farmer. The complainants have also produced the copies of Police Complaint, Crime Details Form, Inquest Panchanama and Post Mortem Report.  On going through all these papers, it is clear that the deceased died in motor vehicle accident.  According to the O.P.No.1, the deceased was under the influence of alcohol thereby he sustained injuries and died. Therefore, the claim was repudiated vide letter dated 31^st December, 2012.  The copy of repudiation of letter is produced on record.  The learned advocate for the opponent has drawn our attention to the information given to the police and submitted that the deceased was under the influence of alcohol therefore the complainants are not entitled for any claim.  On the other hand, the learned advocate for the complainant has drawn our attention to the Post Mortem Report and the Police Investigation Papers on record.  As per Post Mortem Report, the deceased was not smelling alcohol and death was not due to consumption of alcohol.  On the other hand, it shows that the death was due to injuries over left leg.  As per Post Mortem Report, there were injuries on the body of the deceased.  As per Police Investigation Report on record, there was motor vehicle accident and the deceased sustained injuries in motor vehicle accident and thereby he died.  Thus, as per initial police information, the deceased was under the influence of alcohol but the Post Mortem Report and the Police Investigation Report submitted by the A.S.I. Shri Mhaske from Shikrapur Police Station, it is clear that the death was not due to consumption of alcohol but it was due to injuries sustained in the motor vehicle accident.  Merely because initial police information was about consumption of alcohol, the claim can not be repudiated.  The entire police investigation papers show that the death was due to injuries in motor vehicle accident and not due to consumption of alcohol.  Thus, the O.P.No.1 has wrongly repudiated the claim.  There is no other defence of the O.P.No.1

6)                Thus, there is sufficient evidence on record to show that the deceased was the farmer holding agricultural land. He died accidentally in the motor vehicle accident.  The complainants are the legal heirs of the deceased therefore, as per the Agreement, the opponent is liable to satisfy the claim of the complainants. The complainants have complied all the formalities as required under the Agreement and the Government Resolution. 

         As discussed above, the complainants are entitled for the relief as prayed. Hence, we proceed to pass the following order.

ORDER

1. Complaint is allowed.
2. The O.P.No.1/Insurance Company is directed to pay insurance claim of Rs.1,00,000/- (Rs.One Lakh Only) to the complainant with interest at the rate of 12% per annum from the date of death of the insured i.e. 8^th July, 2012 till its realization.
3. The O.P.No.1/Insurance Company is further directed to pay Rs.3,000/- (Rs.Three Thousand Only) to the complainant as cost of this proceeding.
4. The above order shall be complied with within a period of one month from today.
5. Copies of this order be sent to the parties free of cost.

Pronounced on 11^th April, 2016