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 Jalindhar Dashrath Nimbalkar was an agriculturist, holding agriculture land Gut No.380/1/B at village Mhaisgaon, Taluka-Madha, District-Solapur. He died accidentally on 27^th September, 2013 due to poisoning. 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/Insurance Company appeared and filed written statement.  It is submitted that the claim of the complainant was repudiated vide letter 20^th March, 2014 as complete set of documents was not submitted within time as per Tripartite Agreement. Therefore, the complainant 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

REASONS

6) As to Point No.1 & 2 :- The complainant has produced the revenue record showing that her husband was holding agricultural land and he was farmer. The complainant has also produced the copies of Police Complaint, Crime Details Form, Inquest Panchanama, Post Mortem Report, Death Certificate and copy of Claim Form submitted through Taluka Krishi Adhikari, Madha.  On going through all these papers, it is clear that the husband of the complainant died accidentally due to poisoning.  According to the opponent, complete set of documents was not submitted within time.  On perusal of the documents produced by the complainant, it is complete set as per requirement under the Agreement.  Under the Government Resolution, the beneficiary has to submit the claim to the concern agricultural department and the concern agricultural department has to comply all the formalities i.e. necessary documents and submit it to the opponent.  Liability is fixed on the government agricultural department.  The beneficiary should not be suffered due to lack of the compliance within time by the government machinery. According to the complainant, the claim was submitted to the opponent/ government office within time.  If, according to the opponent, complete set of documents was not submitted within time, it was necessary to inform the complainant accordingly.  There is nothing on record to show that the complainant was informed to submit the complete set of documents.  Therefore, the defence taken by the opponent can not be accepted. The complainant has produced all the required documents as required under the Agreement therefore her claim can not be rejected.  

8)                The learned advocate for the opponent has placed reliance on the judgment of Hon’ble National Commission in Original Petition No.137 of 1993, in the case of M/s. Zenith Computers Limited and another –Versus- The New India Assurance Company Limited, decided on 13^th December, 1994. 

In that judgment detailed reasons were given for repudiating the claim.  In the instant complaint before us, there is nothing on record to show that the complainant was informed to submit the required documents. In fact, as per Government Resolution, it is the liability of government office to submit all the necessary documents. On their failure, the complainant who is the beneficiary should not be suffered.  Therefore, the abovecited judgment is not applicable in this case.

9)                The learned advocate for the complainant has placed reliance on the judgment of our State Commission reported in 2008(2) All MR (Journal) 13 in the case of ICICI Lombard General Insurance Company Limited –Versus- Smt.Sindhubai Khanderao Khairnar, decided on 7^th January, 2008. In para 9 of the judgment, the Hon’ble State Commission has observed as under :

The Government declares various benevolent schemes for Agriculturists and person coming from lower strata of society. For effective implementation of the claim, Govt. prescribed simple procedure. Taking into consideration, the illiteracy in the rural areas, the liability is imposed on the Village Revenue Officer and Tahsildar for purpose of collection of necessary documents and submission of the claim to the insurance company. The success of benevolent scheme depends as to how and in what manner such schemes are implemented. Unfortunately, because of lukewarm and obstructive attitude of insurance company, genuine and honest claim of widow is defeated for no fault of her.

In the instant complaint before us also, claim form was immediately submitted to the government office. Therefore, the claim of the complainant can not be repudiated. 

10)              During the course of oral argument, the learned advocate for the opponent has submitted additional written notes of argument taking new defence.  As per additional written notes of argument, the deceased committed suicide by consuming poison.  Both the parties are placing reliance on the copies of police investigation papers on record.  As per police investigation papers on record, the death was accidental and not suicidal. Therefore, the point raised by the opponent in additional written notes of argument can not be accepted. 

11)              Thus, there is sufficient evidence on record to show that the deceased was the farmer holding agricultural land. He died accidentally due to poisoning.  The complainant is a widow therefore, as per the Agreement, the opponent is liable to satisfy the claim of the complainant. The complainant has complied all the formalities as required under the Agreement and the Government Resolution. 

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

ORDER

1. Complaint is allowed.
2. The O.P./Insurance Company is directed to pay 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 deceased insured i.e. 27^th September, 2013 till its realization.
3. The O.P./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 5^th January, 2016