Haryana

StateCommission

A/958/2015

RELIANCE GENERAL INSURANCE COMPANY LITD - Complainant(s)

Versus

SMT. KAMLESH DEVI - Opp.Party(s)

PARAS MONEY GOYAL

16 Nov 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No :    958 of  2015

Date of Institution:      30.10.2015

Date of Decision          :      16.11.2015 

  

Reliance General Insurance Company Limited, SCO No.145-146, Sector 9-C, Madhya Marg, Chandigarh through Sh. Amit Chawla, Deputy Manager (Legal).

                                      Appellant-Opposite Party No.1

Versus

 

1.      Smt. Kamlesh Devi widow of Sh. Vinod Kumar, resident of Village Bhagwanpur, Sub Tehsil Babain, District Kurukshetra.

Respondent-Complainant

2.      State of Haryana through Collector, Kurukshetra.

3.      The Sub Divisional Officer (C), Thanesar, District Kurukshetra.

4.      District Social Welfare Officer, Kurukshetra.

                                      Respondents-Opposite Parties No.2 & 4

 

 

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

                             Mr. B.M. Bedi, Judicial Member.

                             Mr. Diwan Singh Chauhan, Member.                                                                                          

For the appellant: Mr. Gaurav Sharma, Advocate

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

Reliance General Insurance Company Limited (hereinafter referred to as ‘Insurance Company’) is in appeal against the order dated August 06^th, 2015 passed by District Consumer Disputes Redressal Forum, Kurukshetra (for short District Forum) whereby complaint filed by Smt. Kamlesh Devi-complainant was allowed.  The Insurance Company and respondents No.2 to 4 were directed to pay Rs.1.00 lac to the complainant alongwith interest at the rate of 9% per annum from the date of filing complaint, that is, February 23^rd, 2010 till its realization.

2.      The complainant filed complaint before the District Forum alleging that her husband-Vinod Kumar died on August 17^th, 2008 due to inhalation of pesticide. No Post Mortem examination was conducted. One Atma Ram, who was working in the nearby field was the witness of the incident.  Vinod Kumar was taken to Sidharth Hospital, Shahabad for treatment where he was declared dead.  The matter was reported to the Police vide Rapat No.31 dated August 27^th, 2008.   The complainant lodged her claim with the opposite parties but it was rejected on the grounds that there was no post mortem report of the deceased; complainant was not consumer and the complainant did not immediately inform the Insurance Company.  

3.      Learned counsel for the Insurance Company has urged that the deceased committed suicide and as such he was not covered under the Rajiv Gandhi Pariwar Bima Yojana. 

4.      This Commission does not concur with the submission raised by learned counsel for the Insurance Company.  A reading of the affidavit (Annexure A-1) shows that the deceased died due to inhalation of pesticides and from this, it cannot be presumed from any angle that he committed suicide.  Atma Ram, who was working in the nearby field witnessed the incident.  Sidharth Hospital, Shahbad also issued a certificate to the effect that the cause of death of deceased was due to the effect of pesticides.  As such, the order passed by the District Forum was perfectly right and requires no interference.

5.      The appeal is, therefore, dismissed.

6.      The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the respondent No.1-complainant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced 16.11.2015

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

UK