Delhi

New Delhi

CC/611/2010

Shiv-Vani Oil and Gas Exploration Services Ltd. - Complainant(s)

Versus

M/S. United India Insurance Company Ltd. - Opp.Party(s)

07 Apr 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/611/10                        Dated:

In the matter of:

M/s. Shiv-Vani Oil & Gas Exploration Services Ltd.,

Tower no.1, 5^th Floor, NBCC Plaza,

Sector-V, Pushp Vihar, Saket, New Delhi-17

……..COMPLAINANT

       

VERSUS

1. The Chairman cum Managing Director,

        United India Insurance Co. Ltd.,

        Regd. & Head office,

        #24, Whites Road, Chennai-600014

 

2. The Regional Manager,

        United India Insurance Co. Ltd.,

        8^th FL, Kanchanjunga Building,

        17, Barakhamaba Road, New Delhi-01

 

3. The Divisional Manager,

        United India Insurance Co. Ltd.,

        Divisional Office-24,

        501, 5^th FL, Kailash Building,

        26, K.G Marg, New Delhi-01

                                         ……. OPPOSITE PARTIES

ORDER

President: C.K Chaturvedi

 

The Complainant being a Public Limited Company had taken a Group Personal Accident policy bearing no. 042400/42/06/00000/88 dated 29.09.05, valid for period 26.09.06 to 26.09.07, for her 1546 employees of different categories from OP for a sum insured of Rs.42,80,00,000/- as per Exh.2. On 09.12.06, one employee Mr. Sonaram Urang, died at the spot due to fell down of LDO tanker on him during unloading. Complainant immediately informed OP3 regarding incidence telephonically and in writing on 11.12.06 as per Exh.3. The Complainant has also paid Rs.2,50,000/- to the wife of deceased Late Sh. Sonaram Urang as per agreement dated 15.12.06 annexed with complaint. Thereafter, on 15.01.07, claim was filed will all relevant documents under GPA policy and OP repudiated the same vide letter dated 16.12.08 stating that claim filed was (a) exorbitant, (b) it did not held the signature of legal heir of the employee and (c) there exist no employer-employee relationship between complainant and deceased. Therefore this complaint was filed seeking direction to OP for paying sum assured of Rs.3,50,000/- under GPA Policy with compensation and litigation charges.

OP filed its reply has stating that complainant had sent incomplete information as claim form was not duly signed by Legal heirs of the deceased and also complainant had failed to establish employer-employee relationships. Even deceased was not an employee of the Complainant at the time of inception of the policy as he was engaged by Complainant on 12.11.06 after commencement of policy on 27.09.06. It is also alleged that accidental death of deceased Sonaram is not admitted as instead of original only attested copy of postmortem report was presented with claim.

We have considered the case of both the parties and the various correspondences exchanged between the parties. It is admitted fact that it was a group insurance policy for contract labor, without reference to any particular named labor for all time to come. The labor involved in the question died on the work, and the employer immediately settled the claim by making payment to legal heirs of deceased. Thereafter only it sent all documents of claim, death report etc of the concerned labour. The OP instead of settling the matter is lingering and sitting on it, by questioning employer-employee relationship, death post mortem report etc, which despite all necessary information provided by complainant, is ignored. The OP insurance co. totally misdirected itself, in clerical manner rather than applying mind at Sr. Level and settling the matter.

We hold OP guilty of non deficiency in services and harassing the complainant. We direct OP to pay Rs.2,50,000/- paid by employer to legal heirs with interest of 12% per annum from the date of claim present to OP till payment. We also award a compensation of Rs.50,000/- for the harassment to complainant and Rs.25,000/- for litigation expenses so far.

The order shall be complied within 30 days of the receipt of the copy of the order; otherwise action can be taken against OP under Section 25/27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

        Pronounced in open Court on 07.04.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER