| First Appeal No. A/132/2014 | | (Arisen out of Order Dated 22/08/2014 in Case No. CC/10/2013 of District Gumla) |
| | | | 1. Smt. Sumani Oraon or Subhani Oraon or Sobhani Oraon | | Village- Khartanga, P.O.- Turiamba, P.S.- Bermo | | Gumla |
| ...........Appellant(s) | |
| Versus | | 1. Senior Divisional Manager, National Insurance Corporation Limited | | Division No. III, 1, Shakespare Sarani, Kolkata-700001 | | 2. The Branch Manager, Golden Trust Financial Services | | 16, R.N. Mukherjee Road, Kolkata-700001 |
| ...........Respondent(s) |
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| ORDER | 29-09-2015 – This appeal was filed through lawyers but none appeared on and from 2.11.2014. However, on 2.3.2015 the appeal was admitted, notice was issued to the respondents, but steps for notice was not taken. Keeping in view that the appellant is a widow belonging to Schedule Tribe, learned counsel for the Insurance Company-R-1, who was present in Commission, was requested to seek instruction and for that purpose a copy of the notice was handed over to him. Thereafter, Mr. D.C. Ghosh, learned counsel appeared on behalf of the Insurance Company and Mr. Anupam Sanyal, appeared for R-2. Mr. Ghosh filed written notes of argument. - Heard Mr. Ghosh and Mr. Anupam Sanyal.
- The present complaint case was filed by the widow of insured late Anand Oraon claiming insurance amount of Rs. One Lakh under ‘Group Insurance Janta Personal Accident Policy, through R-2. The policy was effective from 31.12.2003 to 30.12.2018, during which, the insured was murdered on 20.2.2005. Thereafter, his widow- complainant informed the Insurance Company and also filed the required documents through R-2. Then she sent a legal notice dated 31.12.2012.
- The case was contested mainly on the ground that it was a case of pre-planned murder and therefore it was not accident and secondly the claim was barred by limitation.
- The learned District Forum, interalia held that the claim was barred by limitation and moreover the murder was not accident and accordingly dismissed the claim.
- So far as limitation is concerned, even according to the impugned order, the cause of action arose in June, 2010. The case was filed on 6.8.2013. Thus, there was delay of about one year in filing the complaint case, which the learned District Forum could condone in the interest of justice, keeping in view that the complainant was a widow belonging to Schedule Tribe amongst whom legal awareness and legal aid is poor.
- So far as, the second aspect is concerned, it has been held in the case of Maya Devi Vs LIC reported in (2008) CPJ 120 (NC), that murder is an accident, if the deceased had no role to play in his murder. It was affirmed by the Hon’ble Supreme Court by order dated 08.11.2011 passed in S.L.A. (Civil) No. 34115/2010 National Insurance Co.Vs. Tej Devi.
- Mr. Ghosh produced the copy of the F.I.R. and submitted that it was a case of pre-planned murder and not an accidental murder.
- According to the F.I.R., the insured was travelling on his motorcycle with his wife, when the accused persons intercepted them. One of them put his pistol on his temple. The deceased caught his wrist. Thereafter, the other accused fired at the insured. During scuffle the insured fell down in the canal. Thereafter, all the accused persons killed him by pistol and bomb. The reason assigned in the F.I.R. is that the insured refused to pay levy to the criminals regarding his contract work.
- There is nothing on the record to show that the deceased had any role to play in his murder.
- In the result, the impugned judgement is set-aside and the appeal is allowed.
R-1- Insurance Company is directed to pay the insurance amount i.e. Rs. One lakh to the appellant within 45 days of this order, failing which, the Insurance Company will be liable to pay simple interest also on the said amount @ 9% p.a. from the date of this order till the date of payment. This matter was heard by the bench consisting of the President and the Member Mrs. Sumedha Tripathi. After the order was dictated with her consent, she informed that she would be absent for her treatment, and she is not sure when she will be available. Therefore this order is being pronounced and signed by the President, keeping in view the judgement of Hon’ble Kerala High Court dated 25.02.2013, passed in W.P. (C) No.30939 of 2010 (N) - P.K. Jose - vs - M. Aby & Ors and the order of Hon’ble National Commission in Revision Petition No. 4434 of 2014, in the matter of Mr. Netaji Surrendra Mohan Nayyar -vs- Citibank. Issue free copy of this order to all concerned for information and needful. Ranchi, Dated:- 29-09-2015 | |
