JUDGEMENT
(Passed on 18.04.2012)
Per Mr S M Shembole, Hon’ble Presiding Member
This appeal is an exception to the judgement & order dtd.23rd July 2007 passed by District Consumer Forum, Yavatmal in consumer complaint No. CC/07/51, allowing the complainants’ insurance claim.
Brief facts giving rise to this appeal are that:-
1. Deceased Nilesh, who was the husband of complainant / respondent No.1 and son of complainant / respondent Nos. 3 & 4, was the owner of motorcycle bearing registration No. MH 29 N 8666. The motorcycle was insured with the o.p. / appellant – Insurance Co. On 03.06.2006 Nilesh died in motor accident while driving his own motorcycle. Till the date of death the insurance policy was in force. The complainants / respondent 1 to 4, who are the legal heirs of deceased Nilesh, claimed the insurance claim; but, no response was given to them for about 5 to 6 months. Therefore, complainants made the complaint with the District Consumer Forum, Yavatmal.
2. In response to the complaint notice appellant – Insurance Co. appeared before the Forum and resisted the claim vide their Written Version, contending inter alia that the copy of detail FIR was not filed and the complainants suppressed some material facts, etc. It is further submitted that the insurance claim in the claim form was not submitted but only notice was given, etc.
3. On hearing both the sides and considering the documents on record, District Consumer Forum, Yavatmal allowed the complaint and directed the o.p. / appellant to pay to the complainant the insurance amount of Rs.1.00 Lac with 9% interest w.e.f. 01.11.2006 and further compensation of Rs.2,000/- and Rs.1,000/- towards cost.
4. Feeling aggrieved by the said impugned judgement & order the o.p. – Insurance Co. has filed this appeal.
5. At the time of hearing before admission, we heard Adv. Mr S Jaiswal for the appellant and respondent No.4 Smt Sindhubai and perused the copy of impugned judgement & order and also copies of complaint, written version, insurance policy, etc.
6. Undisputed facts are that Nilesh died in motor accident while driving his own motorcycle, which was insured with the appellant Insurance – Co. with a Compulsory Personal Accident covers for owner-driver. It was in force till the date of death of Nilesh. Further it is not disputed that the respondents are the legal heirs of the deceased – Nilesh. It is also not disputed that before filing the complaint, on 19.09.2006 by notice the respondents had claimed the insurance claim and the same was not considered till the month of Feb.2007.
7. It is submitted by Mr Jaiswal, Ld. Counsel for the appellant that though the notice was given by the respondents, no claim form was submitted. But he could not explain as to why the reply to the said notice was not given for about 6 months. Therefore, it cannot be accepted that for want of claim form the claim was kept pending, etc.
8. Considering all these undisputed facts, the Forum has rightly allowed the complaint, holding that the appellant has committed deficiency in service, etc. We find no illegality or any infirmity in the impugned judgement & order. Hence, no interference is warranted.
9. For the foregoing reasons, the appeal is being devoid of any merit deserves to be summarily dismissed.
Hence, the following order:-
ORDER
i. Appeal is dismissed summarily.
ii. No order as to cost.
iii. Copy of this order be supplied to the parties.
