TAHSIL OFFICE, DESAIGANJ, TAHSIL DESAIGANJ, DISTRICT. GADCHIROLI
GADCHIROLI
MAHARASHTRA
...........Respondent(s)
First Appeal No. A/08/880
(Arisen out of Order Dated null in Case No. CC/08/8 of District )
1. CABAL INSURANCE SERVICES PRIVATE LIMITED
THROUGH ITS MANAGER, 11, DAGA LAYOUT, NORTH AMBAZARI LAYOUT ROAD, NAGPUR.
BEFORE:
HON'BLE P.N.KASHALKAR PRESIDING MEMBER
HON'BLE SMT.JAYSHREE YENGAL MEMBER
PRESENT:
ADV. SOLAT, Advocate for the Appellant 1
ADV. WAGH, Advocate for the Respondent 1
ORDER
PER SHRI P.N.KASHALKAR, HON’BLE JUDICIAL MEMBER
These are the four appeals filed by original Opponent No.1 Cabal Insurance Services against the judgment and award dated 23/6/08 passed in CC3/08, judgment and award dated 25/8/2008 passed in CC No.7/08, judgment and award dated 25/8/08 passed in CC No.8/08 and judgment and award dated 25/8/08 passed in CC No.9/08 whereby District Forum, Gadchiroli directed the appellant/Original Opponent No.1 to pay Rs.1 lac towards accidental claim besides Rs.5000/- towards physical and mental harassment and Rs.2000/- towards cost to the complainants in each of the complaint. District Forum also directed the Opponent No.2 Tahasildar, Armori, District Gadchiroli to assist the complainants in satisfaction of their claims. Aggrieved by these orders, the Cabal Insurance has filed these appeals.
We heard submissions of Adv.Solat for the appellant and Adv.Wagh for Respondent No.1. Respondent No.2 is absent. However, Respondent No.2 Tahasildar, Armori, District Gadchiroli is not a necessary party to this proceeding as the basic grievance is against Appellant/Original Opponent No.1. We are finding that the complainants had filed separate consumer complaints against the appellant as Opponent No.1 and Tahasildar, Armori, District Gadchiroli as Opponent No.2. Cabal Insurance Services did not contest the matter and hence the forum below was pleased to pass the impugned award.
In this case, in fact, there was a Memo of Understanding between the Commissioner, Agricultural, Government of Maharashtra and the appellant whereby the government of Maharashtra appointed appellant company as broker/consultant for the purpose of insuring the farmers under Personal Accident Cover. Then, a further tri-partite agreement was executed between Commissioner, Agricultural, Government of Maharashtra (Insured) Cabal Insurance Services (Broker) and National Insurance Co.Ltd.(Insurer) for Nagpur Division and thereby the farmers in the Nagpur Revenue Division were insured Government of Maharashtra with the National Insurance Co. through the broker cabal Insurance Services. So, if at all there is any deficiency in service, it is on the part of insurance company and not Cabal Insurance Services. Hence National Insurance Company is a necessary party to the proceeding in all the complaints filed.
However, the forum below has passed order holding the broker Cabal Insurance Services guilty of deficiency in service for non satisfaction of insurance claim though the insurance company itself was not a party to the proceeding.In the circumstances, we are finding that the order passed by the forum is not sustainable in law and the complaints are required to be remitted back to the forum below for permitting the complainant to add the insurance company as opponent and then the complaint will have to be decided afresh after giving opportunity to the parties to present their case.
Hence the order…
ORDER
1)All the four Appeals are hereby allowed and the judgment and award dated 23/6/08 passed in CC3/08, judgment and award dated 25/8/2008 passed in CC No.7/08, judgment and award dated 25/8/08 passed in CC No.8/08 and judgment and award dated 25/8/08 passed in CC No.9/08 passed by District Forum, Gadchiroli are quashed and set-aside and the complaints are remitted back to the District Forum, Gadchiroli for impleding National Insurance company as opponent No.3.
2)Both the parties are directed to appear before the District Forum, Gadchiroli on 6th of July,2011 on which date the complainant shall file application to the District Forum, Gadchiroli to implead National Insurance company as opponent No.3 and then the forum shall, after giving opportunity to the parties, decide the complaint afresh.
3)No order as to cost.
4)The amount deposited by the appellant at the time of filing of the appeal be refunded back to the appellant.
5)Inform the parties accordingly.
Delivered on 04/05/2011.
[ HON'BLE P.N.KASHALKAR]
PRESIDING MEMBER
[ HON'BLE SMT.JAYSHREE YENGAL]
MEMBER
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