<br /> Bachitar Singh was an employee of Shrimony Gurdwara Parbhandak Committee, (S.G.P.C.) Amritsar at the time of accident and he was posted at Gurdwara Sahib Sang Deshian, Tehsil Phillaur, District Jalandhar and he was drawing a salary of Rs.4842/- per month with normal annual increments. Shrimony Gurdwara Parbhandak Committee, (S.G.P.C.) Amritsar had obtained a Group <br /> <br /> -3-<br /> Insurance Policy for its employees on the payment of premium as per the contract with the respondent company and the amount of the insurance cover of Rs.5,00,000/- each in case of accidental death. The deceased Bachitar Singh was in the regular employment of Shrimony Gurdwara Parbhandak Committee, (S.G.P.C.) Amritsar and he died on 9.8.2006 in a road accident while driving a Motor Bike No. PB-41-9660 owned by his wife Kulbir Kaur. The respondent Company i.e. Oriental Insurance Company tried to avoid this liability of Rs.5,00,000/- to the legal heirs of deceased Bachitar Singh and started findings ways and means to shirk from its legal duty. The respondent company asked the legal heirs of deceased to get the news of death of Bachitar Singh published in newspaper so that nobody would file any objection with the company lateron. The father of the deceased Bachitar Singh deposited requisite charges for that purpose through Kamlesh Publicity Publisher, Hall Gate, Amritsar vide receipt No.10355 and the news item regarding the death of Bachitar Singh was published in the newspaper dated 1.4.2007 in Punjabi as well as in Hindi Newspapers in the form of a public notice. The complainants as legal heirs of of deceased Bachitar Singh filed a regular claim with the respondent Company Oriental Insurance Company Limited and the claim of the complainants was approved by the Investigator but the insurance company did not process the claim of the complainant on the ground that there was no FIR or PMR. After some time, the respondent insurance company refused to issue claim in favour of the complainants on the ground that the death of Bachitar Singh was a case of heart attack and the <br /> <br /> -4-<br /> Life Insurance Company had not granted relief to the complainants on the policy No.47156286 which was issued in favour of the complainants. If one insurance company was committing a blunder , then the second one is not bound to follow the previous insurance company. The complainants have also filed a complaint against the Life Insurance Corporation of India before the District Consumer Disputes Redressal Forum, Kapurthala on 9.8.2006 regarding the accident of Bachitar Singh. His son Jashan Deep Singh was also traveling by the same motor vehicle with his deceased father Bachitar Singh. Jashan Deep Singh suffered a shock and head injuries and he was C.T. Scanned on 11.8.2006 at Vasal Hospital, Jalandhar in addition to this, all residents of Habit Pur village clarified that Bachitar Singh died in a road accident and a DDR No. 6 was written in Police Post Mothanwala of Police Station Sultanpur Lodhi. Report of Dr. A. Rattan who was on duty at Civil Hospital Sultanpur Lodhi, is a proof to the effect that Bachitar Singh died in a road accident. Postmortem was not conducted. It was not a case of accident of two or more vehicles. Bachitar Singh died due to slipping of his motor bike and no other vehicle was involved in this accident, so no cognizable offence was committed by any accused in this case. So after denial of the insurance company to process the claim of the complainants, the present complaint was filed in the District Consumer Disputes Redressal Forum, Amritsar.<br /> 2. The order sheet of the District Consumer Disputes Redressal Forum, Amritsar is perused. It shows that on 20.5.2008, an application was filed for transferring this complaint to <br /> <br /> -5-<br /> District Consumer Disputes Redressal Forum, Kapurthala and in the alternative, directing the complainants to withdraw the present complaint from District Consumer Disputes Redressal Forum, Amritsar and filed the same in the District Consumer Disputes Redressal Forum, Kapurthala. On 10.6.2008, District Consumer Disputes Redressal Forum, Amritsar, rejected the request of transferring the case to District Consumer Disputes Redressal Forum, Kapurthala simply for the reason that the District Consumer Disputes Redressal Forum, Amritsar has no jurisdiction to transfer any case to any other Forum and directed the parties to move the application before the Hon'ble State Consumer Disputes Redressal Commission. The Hon'ble State Consumer Disputes Redressal Commission (Punjab) on 1.9.2008 transfered the case pending in the court of District Consumer Disputes Redressal Forum, Amritsar to District Consumer Disputes Redressal Forum, Kapurthala and parties were directed to appear in the District Consumer Disputes Redressal Forum, Kapurthala on 25.9.2008.<br /> 3. This case was listed before this Forum on 25.9.2008 and parties were summoned for the next date of hearing in this case.<br /> 4. In the District Consumer Disputes Redressal Forum, Amritsar, the complainants had closed evidence after tendering into evidence documents. In the District Consumer Disputes Redressal Forum, Amritsar, the opposite parties had closed its evidence after tendering certain documents on 6.8.2008 and ultimately the case was transferred to this Forum after completion of evidence of both the parties and at the time of transfer, this case was fixed for argument. <br /> <br /> -6-<br /> 5. The respondent Oriental Insurance Company Limited, had repudiated the claim preferred by Sadhu Singh on account of the death of Bachitar Singh vide letter Ex.R5 dated 29.1.2008. They have mentioned in this letter Ex.R5 that since the LIC has refused to pay the claim, therefore, the respondent Oriental Insurance Company Limited, is also not liable to pay any claim preferred by Sadhu Singh on account of the death of Bachitar Singh. After the death of Bachitar Singh, a panchayatnama was executed in a joint meeting of Gram Panchayat village Habit Pur and the Gram Panchayat Didwani, District Kapurthala. In this , both the panchayat as had mentioned that on 9.8.2006, Bachitar Singh deceased was driving a Motor Bike No. PB-41-9660 and on reaching village Didwani, District Kapurthala, he applied the breaks and an accident occurred due to slipping of the motor bike and Bachitar Singh received head injury and people of village Didwani, informed the family members of Bachitar Singh in village Habit Pur but Bachitar Singh, but died on the spot. Some respectables of the village took Bachitar Singh to Civil Hospital Sultanpur Lodhi, where he was declared as brought dead by the doctor.<br /> 6. After the repudiation of the claim of his claim, Sadhu Singh father of Bachitar Singh, had filed a case No. GIC/148/OIC/14/08 before Insurance OMBUDSMAN, Chandigarh and OMBUDSMAN concluded its report Ex.R2 to the following effect:-<br /> "The insured is advised to liaise with LIC of <br /> India BO Kapurthala to find out the bonafide<br /> of DAB claim under the LIC Policy in the <br /> name of the deceased for which the policy<br /> -7-<br /> particulars should be provided by the <br /> complainant to insurer to enable them<br /> to settle the claim. In case the DAB is<br /> paid by the LIC, the insurer, settle the<br /> claim accordingly on merits. This exercise<br /> should be completed by 5.0.07."<br /> 8. On 7.11.2008, the counsel for the complainant moved an application in this Forum for a direction to the Oriental Insurance Company Limited, to place the report of Shri D.S. Chadha, who was appointed as Investigating Officer by the respondent Company i.e. Oriental Insurance Company Limited to probe the fact of this case and the respondent Company has not placed the report of Shri D.S. Chadha, on the file and in the interest of justice, the complainants claimed that a direction, may kindly be issued to the respondent Company i.e. Oriental Insurance Company Limited bring on the file, report submitted by Shri D.S. Chadha, in this case. The request of the complainants was accepted and the respondent insurance company was directed to place on file the report of Shri D.S. Chadha,, Ex. Additional Deputy Inspector, General Vigilance, who was appointed by the Divisional Manager, Oriental Insurance Company Limited, Amritsar for investigation and report regarding the cause of death of Bachitar Singh Clerk (Store Keeper) posted at Gurdwara Baba Sang Ji Dhesian, Tehsil Phillaur, District Jalandhar. From the perusal of this report, it is proved that Shri D.S. Chadha, Investigator visited the spot and other places which were helpful for knowing the cause of death of Bachitar Singh. He also enquired <br /> <br /> -8-<br /> from Dr.Atul Rattan, who declared Bachitar Singh as brought dead at Civil Hospital, Sultanpur Lodhi and ultimately, he concluded his report as under:-<br /> "In view of the above evidence, the cause<br /> of death of Bachitar Singh son of Sadhu<br /> Singh has been proved in a road side accident<br /> on 9.8.2006is correct and the claim of the <br /> complainant is required to be treated as <br /> per terms of the policy covering the insured<br /> at the time of accident."<br /> 9. Shri D.S. Chadha, submitted his report to the Senior Divisional<br /> Manager of the respondent Company i.e. Oriental Insurance Company Limited on 22.11.2006 and after that the respondent company has obtained another report of M/s. Royal Associates who declared the death of Bachitar Singh seems to be heart attack and not occurred due to accident and even in this report, they have mentioned the words "seems" to be heart attack which shows that they are not cent percent sure regarding the cause of death of Bachitar Singh.<br /> 10. Shri D.S. Chadha, investigator and M/s. Royal Associates Surveyors, both were appointed by the respondent Company i.e. Oriental Insurance Company Limited to investigate the cause of death of Bachitar Singh and in his report, Shri D.S. Chadha, has clearly stated that the death of Bachitar Singh deceased has been proved in a road side accident on 9.8.2006 so that the insurance company cannot reject this report Ex.R10 of Shri D.S. Chadha. So<br /> <br /> -9-<br /> the death of Bachitar Singh son of Sadhu Singh, Clerk (Store Keeper) posted at Gurdwara Baba Sang Ji Dhesian, Tehsil Phillaur, District Jalandhar is proved to be the result of a road side accident on 9.8.2006. The complainants have also proved D.D.R. Ex. C12, Panchnama Ex.C18, Driving Licence of Bachitar Singh Ex.C11 which also proves that the Bachitar Singh at the time of his death was holding a valid driving licence.<br /> 11. In view of our aforesaid discussion, we hold that the respondent Company i.e. Oriental Insurance Company Limited, M.M. Malvia Road, Amritsar is liable to pay the insurance claim of the complainant as agreed in the insurance policy executed between it and Shrimony Gurdwara Parbhandak Committee, (S.G.P.C.) Amritsar alongwith 8% Per annum interest from the date of repudiation of claim till its realization. The opposite party Oriental Insurance Company Limited M.M. Malvia Road, Amritsar, is also directed to pay Rs.2000/- as compensation on account of mental tension and harassment and Rs.1000/- as cost of the complaint, payable by it to the complainants within one month from the receipt of copy of this judgment. Copy of this judgment be sent to the parties free of costs through registered post without any delay. File be consigned to the record room. <br /> <br /> Dated: Gulshan Prashar Shashi Narang Paramjit Singh<br /> 05.02.2009 Member Member President<br />