E X-P A R T E O R D E R
PER SHRI. S.M. RATNAKAR – HON’BLE PRESIDENT
1) This complaint is filed for grant of compensation as provided under “The Maharashtra State Government Scheme” initiated for the farmers. The Government insured them under Personal Accident Policy vide its GR bearing No.EAIS12005/ Prakaran Kramank 310/11A, dtd.07/07/2006. The claim in the complaint is filed by the son of deceased Vithhal Mahadu Pachpute, who died in the accident caused by motor bike No.MH-12-BM-2201 on 16/06/2007 at Village Kashti, Tal. Shrigonda, District- Ahmednagar. After the said accident Shrigonda Police Station registered the crime No.151 of 2007 under Sec.304A, 279 IPC and under Sec.184, 134(b), 177 of Motor Vehicles Act against the driver of the said vehicle. After the accident and death of the father of the Complainant his Post Mortem was carried out at Government Hospital Daund, District– Pune, on 17/06/2007. The Complainant has alleged that the accident of his father occurred due to negligence of the driver of the motorcycle. It is submitted that the deceased father of the Complainant Vithhal Mahadu Pachpute was farmer. In 7/12 extract his name was shown as part owner of the Gat No.850 of Village Kashti. It is submitted that the Complainant’s total family was dependent upon the earnings of deceased Vithhal M. Pachpute.
2) It is submitted that on receiving the information about the Government Insurance Policy referred above the Complainant has filed his claim for getting compensation as provided under the said policy. It is submitted that the Complainant has produced the relevant documents as required for grant of such claim i.e. copy of 7/12 extract, copy of Form 8A, wherein the name of deceased Vithhal M. Pachpute is recorded in Revenue record. The Complainant has also filed the copy of FIR and other relevant documents such as, Spot Panchanama, Inquest Panchanama, Death Certificate, Post Mortem Report. The Complainant has produced the copy of GR referred above, the copy of agreement executed between the Commissioner Agriculture of Government of Maharashtra and the Opposite Party dtd.15/06/2006 where under the revenue zone of Nashik Division was allotted to the Opposite Party for the above insurance purpose. As per the above referred GR and Agreement in the case of death incident the capital sum is insured 100%. As per the Agreement dtd.15/06/2006 it was agreed that the Insured had express its desire to insure the farmers in the state of Maharashtra by giving them a personal accident policy for of Sum insured for Rs.1,00,000/-. As per the Agreement referred above some definitions have been agreed upon such as, accident and the entitlement is converted for the farmer residing in the Maharashtra engaged in agriculture with agricultural land in his name as evidence by 7/12 extract or 8A. For the claim of insurance of road accident the documents such as, First Information Report, Panchanama at accident place, Post Mortem report are required to be forwarded through appropriate authority to the Insurance Company. At village level such documents are required to be forwarded through Gramsevak. According to the Complainant, upon receiving the information of the Government policy he collected the required documents and filed the claim form to Revenue Office (Talathi) within time. Thereafter, Talathi sent the said claim to the Tahasildar and later on it was submitted to the Opposite Party. However, the Opposite Party closed the file vide it letter dtd.12/02/2009 addressed to the Complainant. The said letter was received by the Complainant on 17/02/2009. It is submitted that the genuine claim of the Complainant was thus rejected by the Opposite Party. The Complainant has therefore, filed this complaint for the reason that the Opposite Party failed to provide service and followed unfair trade practice. It is thus, submitted the Complainant is entitled for Rs,1 Lac from the Opposite Party as per the terms of Farmers Personal Accident Insurance Policy. It is submitted that the Complainant is also entitled for interest @ 12% p.a. from the date of accident till its realization. The Complainant has also prayed for Rs.20,000/- for depriving the rights of the Complainant regarding valid claim and as punitive damages from the Opposite Party. The Complainant has also prayed for Rs.5,000/- as legal expenses towards this proceedings.
3) The Opposite Party though served remained absent, therefore, the complaint is directed to proceed ex-parte against the Opposite Party. The Complainant has filed affidavit in evidence. We heard the Ld.Advocate Shri. Abhaykumar Jadhav for the Complainant. We have perused the copies of the documents as referred above filed alongwith the complaint by the Complainant. It appears from the letter dtd.12/02/09 of the Opposite Party that vide letters dtd.14/07/07, 17/06/08, 10/08/08, the Opposite Party had requested the Complainant to comply some documents and for want of such compliance the Opposite Party has closed the file. After going through the documents produced by the Complainant in the present complaint, it appears that as per the Govt. Resolution dtd.07/07/06 as well as the agreement between the Commissioner Agriculture and the Opposite Party dtd.15/06/2006 the Complainant had provided the required documents alongwith the claim form through the appropriate authority to the Opposite Party. We therefore, hold that in view of the facts alleged by the Complainant in the complaint and his affidavit and from the copies placed on record it appears that the Complainant has fulfilled the requirement as contemplated under the GR and the agreement between the government and the Opposite Party. The evidence of the Complainant goes unchallenged. We therefore, hold that the communication made by the Opposite Party to the Complainant regarding closing of his file about compensation on account accidental death of the Complainant’s father was and is unjust and improper. We hold that as the Complainant has fulfilled the necessary requirements regarding grant of sum assured of Rs1 Lac from the Opposite Party, the Opposite Party is liable to pay Rs.1 Lac towards accidental death of his father. The Opposite Party is liable to pay the said amount to the Complainant with interest @ 9% p.a. from 12/02/2009 till the realization of the aforesaid amount. The claim made by the Complainant for grant of Rs.20,000/- as punitive damages cannot be said just and proper. The Complainant is entitled to cost of proceeding Rs.3,000/- from the Opposite Party. In the result the following order is passed –
O R D E R
i. Complaint No.131/2011 is partly allowed.
ii. The Opposite Party do pay an amount of Rs.1,00,000/- (Rs. One Lac Only) to the Complainant together with interest @ 9% p.a. from the date of 12/02//2009 till its realization.
iii. The Opposite Party do pay an amount of Rs.3,000/- (Rs. Three Thousand Only) to the Complainant towards this proceedings. .
iv. The Opposite Party shall comply with the aforesaid order within 1 month from the receipt of the copy of this order.
v. Certified copies of this order be furnished to the parties.
