Haryana

StateCommission

A/564/2016

UHBVNL - Complainant(s)

Versus

SAROJ ALIAS SAROJ DEVI - Opp.Party(s)

B.D.BHATIA

27 Oct 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :    564 of 2016

Date of Institution:    23.06.2016

Date of Decision :     27.10.2016

 

1.      Sub Divisional Officer, Uttar Haryana Bijli Vitran Nigam Limited, Sub Division, Israna, Panipat.
2.       Uttar Haryana Bijli Vitran Nigam Limited, Shakti Bhawan, Sector-6, Panchkula through its Managing Director.
3.       Executive Engineer, Uttar Haryana Bijli Vitran Nigam Limited, Sub Division, Israna, Panipat.  

                                      Appellants-Opposite Parties No.1 to 3

Versus

 

1.      Saroj @ Saroj Devi wife of late Shri Ram Singh, Resident of Village Bhaupur, District Panipat.

Respondent-Complainant

 

2.      National Insurance Company Limited, G.T. Road, Panipat through its Divisional Manager.

                                      Respondent-Opposite Party No.4

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. B.M. Bedi, Judicial Member.

                                                                                                         

Present:               Shri B.D. Bhatia, Advocate for appellants.

                             Shri S.R. Bansal, Advocate for respondent No.1.

                             Shri Sandeep Suri, Advocate for respondent No.2.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

          This appeal has been preferred against the order dated August 20^th, 2015 passed by District Consumer Disputes Redressal Forum, Panipat (for short ‘the District Forum’) in Complaint No.55 of 2014.

2.                The brief facts of the present case as can be gathered from the record are that Ram Singh (since deceased)-husband of Saroj @ Saroj Devi-complainant/respondent No.1, was an employee (Assistant Lineman) of Uttar Haryana Bijli Vitran Nigam Limited (UHBVNL)-Opposite Parties No.1 to 3 (appellants herein). The UHBVNL had purchased a Group Personal Accident Insurance Policy from National Insurance Company Limited (for short ‘the Insurance Company’)-Opposite Party No.4 for Rs.5.00 lacs each for one year, that is, from July 17^th, 2011 to July 16^th, 2012.  Husband of the complainant died on 11^th March, 2012. The complainant filed claim with the opposite parties but the amount was not paid. Hence, complaint under Section 12 of the Consumer Protection Act, 1986 was filed before the District Forum.

3.                The opposite parties No.1 to 3 (appellants) in their written version stated that the insured died on 11^th March, 2012 on account of the injuries sustained in a road accident on 10^th March, 2012. The claim of the complainant was forwarded to the Insurance Company and nothing more was to be done by the UHBVNL.

4.                The Insurance Company (opposite party No.4) in its written version stated that as per the terms and conditions of the policy, intimation regarding the death of insured was to be given within 30 days but it was given vide letter 10^th April, 2013. So, the complainant was not entitled for the benefits of insurance.

5.                After evaluating the pleadings and evidence of the parties, the District Forum vide impugned order allowed the complaint issuing direction as under:-

“…the present complaint succeeds. We hereby allow the present complaint with a direction to opposite parties No.2 and 3 to pay Rs.5,00,000/- as insured amount to complainant with interest @ 9% per annum from the date of filing the complaint till its realization. Cost of litigation quantified at Rs.2200/- is also allowed to be paid by all opposite parties to the complainant.”       

6.                Counsel for the parties have been heard. File perused.

7.                It is not disputed that the appellants-opposite parties No.1 to 3 purchased Group Insurance Policy (Exhibit C-3/R-1) covering 11463 employees of UHBVNL, covering risk of the life up to Rs.5.00 lacs each employee. It is also not disputed that Ram Singh one of the employees who was working as ALM, met with accident on 10^th March, 2012 and died on 11^th March, 2012.

8.                Only plea raised by the opposite party No.4/respondent No.2 was that the intimation was given late. Stress was laid by learned counsel for the Insurance Company that vide Circular Exhibit C-4, issued by the opposite party No.1, instructions were issued to all the Field Officers of the UHBVNL to send claim intimation in time.

9.                It is an internal departmental correspondence between the opposite party No.1 and opposite parties No.2 & 3 and their other field officers not concerning the opposite party No.4-Insurnace Company.  Condition No.1 referred to regarding giving of intimation of happening, does not contain any default clause.  It provides one month time to give intimation in the event of any happening without any restriction about the default clause in case of intimation being given late. Therefore, the opposite party No.4 – Insurance Company cannot avoid its contractual liability to pay the insured sum more particularly when opposite party No.4-Insurnace Company does not dispute the purchase of insurance policy.

10.              In view of the above, the appeal is allowed, the impugned order is modified to the extent that the opposite party No.4-Insurnace Company shall pay the insured amount alongwith interest and compensation as ordered, to the complainant. In case the amount has been deposited by the appellants before the District Forum, in that eventuality the appellants are at liberty to recover the same from the opposite party No.4-Insurnace Company. The appeal stands disposed of accordingly.

11.              The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the complainant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced: 27.10.2016

(B.M. Bedi) Judicial Member

(Nawab Singh) President

 

CL