PER.MR.B.S.WASEKAR, HON’BLE PRESIDENT

1)                The present complaint has been filed by the complainant u/s 12 of the Consumer Protection Act, 1986. According to the complainant, her husband Mr.Babanrao Nivrutti Gaikwad was an agriculturist holding Gut No.1230 at village Ayatawade, Taluka-Walwa, District-Sangli. He died accidentally on 17^th October, 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 opponent appeared and filed written statement.  It is submitted that the complainant was repeatedly requested to provide the necessary documents so as to enable verification of the claim but till date the requisite documents were not provided by the complainant.  It is further submitted that the claim of the complainant was already repudiated due to lack of cooperation form the complainant. There is no deficiency in service on the part of the opponent therefore the complaint is liable to be dismissed with cost.

3)                The complainant filed affidavit of evidence and produced the copies of documents on record.  The opponent failed to file affidavit of evidence therefore the matter is proceeded without affidavit of evidence of the opponent.  The complainant submitted written notes of argument.

4)                After hearing the argument of the complainant and after going through the record, following points arise for our consideration.

POINTS

REASONS

5) 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 also produced copies of F.I.R., Spot Panchanama, Inquest Panchanama, Post Mortem Report, Copy of charge sheet. On going through all these papers, it is clear that husband of the complainant died accidentally in motor vehicle accident.

6)                In the written statement, the opponent has taken inconsistent defence.  It is submitted by the opponent that no claim was submitted.  But, in para 6 of the written statement, it is submitted that in spite of repeated requests, the complainant failed to provide necessary documents so as to enable the opponent to verify the claim.  On page 4 para (c) of the written statement, it is submitted that the claim of the complainant was already repudiated due to lack of cooperation.  The opponent has not submitted when the complainant was requested to provide the necessary documents and when the claim was repudiated.  There is no evidence on record to show the intimation about the repudiation of the claim.  The opponent being reputed company, it is expected to provide documentary proof about intimation to the complainant.  In the absence of intimation of repudiation and requests calling required documents, the defence taken by the opponent can not be accepted.  The complainant has produced all the required documents as per Tripartite Agreement and Government Resolution. The complainant is a widow of the deceased therefore she is entitled for insurance claim under the Shetkari Apghat Vima Yojana.

7)                Thus, there is sufficient evidence on record to show that deceased was the farmer holding agricultural land. He died accidentally. The complainant is a widow. Therefore, as per agreement, the opponent is liable to satisfy the claim of the complainant. The complainant has complied all the formalities as required under agreement and Government Resolution.  As discussed above, the claim is wrongly repudiated by the opponent.  Therefore, the opponent is liable to pay claim with interest. Besides this, the opponent is liable to pay cost of this proceeding Rs.5,000/-.  Hence, we proceed to pass the following order.

ORDER

1. Complaint is allowed.
2. The opponent 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. 17^th October, 2005 till its realization.
3. The opponent is further directed to pay Rs.5,000/- (Rs.Five 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.

Dictated & Pronounced on 3^rd September, 2014