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 Chandrakant Dagdu @ Abasaheb Bande was an agriculturist holding Gut No.95/1 at village Koregaon Bhivar, Taluka-Daund, District-Pune. He died accidentally on 21st December, 2005 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 O.P. appeared and filed written statement. It is submitted that complete set of documents was not submitted within time. 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
Sr.No. | Points | Findings |
1) | Whether there is deficiency in service ? | No |
2) | Whether the complainant is entitled for the relief as claimed ? | No |
3) | What Order ? | As per final order |
REASONS
4) As to Point No.1 & 2 :- The complainant has produced revenue record showing that her husband was holding agricultural land and he was farmer. The complainant also produced copies of Police complaint, Police Investigation Report, Spot Panchanama, Inquest Panchanama, Post Mortem Report. On going through all these papers, it is clear that the husband of the complainant died in the motor vehicle accident. According to the opponent, the deceased was not holding valid driving license and the accident took place due to the fault of deceased himself therefore the scheme of Shetkari Apghat Vima Yojana is not applicable and the complainant is not entitled for the claim as prayed. The complainant has produced police investigation papers on record and placed reliance on these papers by way of evidence. Therefore, it is necessary to go through these papers. From these papers, it is clear that the deceased died in the motor vehicle accident. The accident was investigated by Police Head Constable Shri Thombre, B.No.782 of Shirur Police Station. Head Constable Thombre submitted his investigation report dated 21st December, 2005. On perusal of this report, it is clear that deceased was driving his motor vehicle rashly and negligently and gave dash to another motor vehicle causing injuries to the riders on other motor cycles. According to this investigation report, the deceased himself was responsible for the accident and his death. These police investigation papers are produced by the complainant by way of evidence. As per these police investigation papers, the deceased himself was responsible for this accident. He was driving his motor cycle without valid driving license. The complainant has not produced driving license of the deceased. Considering this evidence on record, the Scheme of Shetkari Apghat Vima Yojana is not applicable and the complainant is not entitled for insurance claim. Therefore, the complaint deserved to be dismissed. Hence, the following order.
ORDER
- Complaint stands dismissed.
- Parties are left to bear their own costs.
- Inform the parties accordingly.
Pronounced on 1st November, 2014
