Per Mr.B.S.Wasekar, Hon’ble President
1) The complainant has filed this complaint u/s 12 of the Consumer Protection Act, 1986. According to the complainant, her husband Late Sanjay Shinde was the farmer. He died in accident on 3rd May, 2005 at village Vighavali. While her husband was coming to home one Lorry No.MH-06-K-8914 gave dash to him and caused severe injuries thereby he died on the spot. The accident took place due to the negligence of the Lorry driver. Accident was reported to the police station. After investigation, charge sheet was filed against the Lorry driver. She was depending on her husband. After the death of her husband, she became helpless. She came to know about the government G.R. of farmers’ insurance which was in force from 10th April, 2005 to 9th April, 2006. Government has paid the premium on behalf of all the farmers’ in the Maharashtra State to ICICI Lombard General Insurance Company Limited. The complainant filed her claim alongwith the required documents to the Revenue Officer and the Revenue Officer submitted it to the O.P. The O.P. failed to satisfy the claim of the complainant. Therefore, she has filed this complaint for insurance claim of `1 Lakh with interest. She has also claimed damages of `20,000/- and legal expenses of `5,000/-.
2) The Opponents remained absent though duly served therefore they are proceeded ex-parte. The complainant filed claim affidavit and also produced the documents. After hearing advocate for the complainant and after going through the record, following points arise for our consideration.
POINTS
Sr. No. | Points | Findings |
1) | Whether there is deficiency in service ? | Yes |
2) | Whether the complainant is entitled for insurance claim of ` 1Lakh ? | Yes |
3) | What Order? | As per final order |
REASONS
3) As to Point No. 1 & 2 :- According to the complainant, her husband Late Sanjay was farmer. She has produced 7/12 extract showing that her husband Sanjay was the farmer and cultivating field Gut No.257/2 and 288/8 from Village Patnus. The complainant has produced true copy of F.I.R., Spot Panchanama, Inquest Panchanama and Post Mortem Report. Those are not challenged by the Opponents. On perusal of the documents on record, it is clear that complainant’s husband died in the motor vehicle accident. The complainant has also produced copy of G.R. It shows that Government Insurance Scheme was in force on the day of the accident. As per the Government G.R. in case of death of farmer, his legal heirs are entitled for insurance claim of `1 Lakh. As per the G.R. the complainant has produced copy of F.I.R., Spot Panchanama, Inquest Panchanama, Post Mortem Report. These documents corroborate the contention of the complainant that her husband died in the motor vehicle accident. Husband of the complainant was farmer. He died in the motor vehicle accident. As per the G.R. of the Government, the complainant who is the widow of deceased farmer is entitled for insurance claim of `1Lakh. The complainant has produced copy of her claim submitted to the Talathi dated 7th May, 2005. Inspite of this claim, the Opponents has not satisfied or repudiated her claim. The Opponents remained absent though duly served. Therefore, the complainant is entitled for the claim of `1 Lakh as per the Government G.R. As the opponents failed to satisfy or repudiated the claim within time limit, the opponents are liable to pay the interest.
4) Thus, the complainant is entitled for insurance claim of `1 Lakh with interest. Hence, we proceed to pass the following order.
O R D E R
1) Complaint is allowed.
2) The opponents are directed to pay `1Lakh (Rs. One Lakh Only) with interest at the rate of 9% per annum to the complainant from the date of the filing of complaint till its realization.
3) The opponents are directed to pay `1,000/- (Rs.One Thousand Only) as cost of the proceeding to the complainant.
4) Copies of this order be sent to the parties free of cost.
Pronounced
Dated 13th November, 2013
