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 Keshav Rakhmaji Kamble was an agriculturist, holding agricultural land Gut No.92 at village Velhawale, Taluka-Khed, District-Pune. He died accidentally on 4^th November, 2011 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 opponent/Insurance Company appeared and filed written statement. It is submitted that the claim was repudiated vide letter dated 29^th December, 2012 as the deceased died due to natural death and not due accidental death. 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)                After hearing both the parties and after going through the record, following points arise for our consideration.

POINTS

REASONS

4) As to Point No.1 & 2 :- The death is not disputed.  According to the opponent, the claim was already repudiated vide letter dated 29^th December, 2012.  Copy of it is produced on record.  The complainant has produced the copy of Post Mortem Report on record.  As per Post Mortem Report, cause of death was “death due to cardio respiratory arrest due to protein energy deficiency due to severe starvation in person with history of head injury due to RTA”.  From the post mortem report, it is clear that the death was due to protein deficiency due to starvation and not due to accidental injuries. As per Tripartite Agreement, the complainant has to prove accidental death.  The police papers produced on record show that the alleged accident took place on 3^rd October, 2011. The deceased died on 4^th November, 2011.  The complainant has not produced any evidence on record to show that the deceased died due to accidental injuries. On the other hand, the Post Mortem Report produced by the complainant shows that the death was due to protein deficiency due to starvation.  As there is no evidence showing accidental death, the complainant is not entitled for the benefit under the Scheme.  Hence, we proceed to pass the following order.

ORDER

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

Pronounced on 3^rd December, 2015