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 Shivaji Khandu Walgude was an agriculturist, holding agricultural land Gut No.320 at village Margasani, Taluka-Velhe, District-Pune.  He died accidentally on 21^st October, 2013 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 appeared and filed written statement. It is submitted that there was no intimation of claim therefore there is no question of repudiation of the claim. 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 the argument of the complainant and the opponent and after going through the record, following points arise for our consideration.

POINTS

REASONS

4) 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 and copy of driving license.  On going through all these papers, it is clear that the husband of the complainant died in motor vehicle accident.  According to the opponent, complete set of documents was not submitted. On perusal of the documents produced by the complainant, it is complete set as per requirement under the Agreement.  On the other hand, the learned advocate for the complainant has drawn our attention to the repudiation letter dated 26^th May, 2014 issued by the opponent repudiating the claim on the ground that the deceased had no valid driving license. This repudiation letter produced by the complainant is not challenged by the opponent.  As per defence in the written statement and affidavit of evidence, no claim was submitted along with the required documents within time limit.  This defence is falsified by the repudiation letter dated 26^th May, 2014 issued by the opponent. The complainant has produced the driving license of the deceased which was valid upto 19^th June, 2014.  The accident took place on 21^st October, 2013.  It means that his driving license was valid at the time of accident.  On perusal of police investigation papers, the accident took place due to fault of the driver of Mahindra Jeep and not of the deceased.  Therefore, the opponent has wrongly repudiated the claim of the complainant.

5)                Thus, there is sufficient evidence on record to show that the deceased was the farmer holding agricultural land. He died accidentally in motor vehicle accident.  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 opponent/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 insured i.e. 21^st October, 2013 till its realization.
3. The opponent/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^h April, 2016