NCDRC

NCDRC

RP/747/2010

OZA KAUMUDIBEN PRADIPKUMAR, LRS. OF (D) OZA PRADIPKUMAR LABHSHANKER - Complainant(s)

Versus

ICICI LOMBARD GENERAL INSURANCE CO. LTD. & ANR. - Opp.Party(s)

MR. RASHMIKUMAR MANILAL VITHLANI

06 Apr 2010

ORDER

Date of Filing: 15 Feb 2010

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/747/2010
(Against the Order dated 10/08/2009 in Appeal No. 1165/2007 of the State Commission Gujarat)
1. OZA KAUMUDIBEN PRADIPKUMAR, LRS. OF (D) OZA PRADIPKUMAR LABHSHANKERR/o. Block No. 155-L, Meghaninagar, Bilkha Road, JunagrahJunagarhGujarat ...........Appellant(s)

Vs.
1. ICICI LOMBARD GENERAL INSURANCE CO. LTD. & ANR.Through its Manager, Zodiac Square, 3rd Floor, Near Gurudwara BadakdevAhmedabad - 380054Gujarat2. SARKARI SHRAM ADHIKARI (UDYOG)Near Diwan Chowk, Rickshaw Stand, JunagarhJunagarhGujarat ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. S.K. NAIK ,MEMBER
For the Appellant :MR. RASHMIKUMAR MANILAL VITHLANI
For the Respondent :NEMO

Dated : 06 Apr 2010
ORDER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.

Employer of the deceased had taken insurance cover for his workman for a sum of Rs.50,000/-.  Claim lodged by the employer on the death of its employee was rejected by the insurance company on the ground that the deceased was not a workman and that he had committed suicide.  Aggrieved by this, petitioner filed a complaint before the District Forum which allowed the complaint.

-2-

Respondent insurance company filed an appeal before the State Commission which has reversed the order of the District Forum on the ground that the petitioner had failed to prove that the deceased was a workman.

We agree with the view taken by the State Commission.  In the Circular issued by Gujarat Rural Workmen Welfare Board dated 09.1.2004 it is mentioned that to show employee was a workman, Certificate issued by Talati–cum–Mantri or Government Labour Officer or officer to be designated by Rural Organization would be recognized in case of dispute.  In the present case, certificate produced had been issued by Sanitary Inspector.  Petitioner had failed to show that the Sanitary Inspector had been either delegated the powers of above mentioned officers or that he was designated as one of such officers.  No merits.  Dismissed.  No costs.



......................JASHOK BHANPRESIDENT
......................S.K. NAIKMEMBER