Date : 12.10.2012.
Per Mr.K.B.Gawali, Hon`ble Member.
1. Present appeal is preferred by ICICI Lombard General Insurance Co.Ltd. which was original opponent against the judgment and order dated 3.3.2008 passed by District Forum, Osmanabad in C.C.No.295/07, by which, appellant has been held liable to pay insurance sum of Rs.1 lakh along with Rs.1000/- as cost of complaint.
2. The facts leading to the present appeal are as under.
That, the respondents are the legal representative of deceased Bapu Changdeo Zore. It is the case of respondents that deceased Bapu Changdeo Zore was the farmer having agriculture land admeasuring 2.70 hector from Gut No.60 of village Ingonda, Tq.Paranda, Dist.Osmanabad. That, the Government of Maharashtra had obtained insurance policy namely “Group Personal Accident Insurance Policy” for the farmers in the State of Maharashtra from the appellant Insurance Company. It was contended that aforesaid farmer Bapu Zore met with the road accident on 14.5.2006 which resulted into his death. The said incident was intimated to the police and case was registered. That, as per said insurance policy the respondents/complainants had submitted insurance proposal to the Tahasildar along with all documents on 23.5.2006 which was further forwarded to the appellant Insurance Company on 12.10.2006. However inspite of constant persuasion and legal notice dated 17.11.2007 the insurance claim was not sanctioned and therefore the complaint was filed with the District Forum seeking direction to the Insurance Company to pay to the respondents/org.complainants insurance sum of Rs.1 lakh along with interest @ 12% p.a. from 14.5.2006, amount of Rs.15,000/- towards compensation, Rs.10,000/- towards mental agony and Rs.5000/- towards cost.
3. Appellant Insurance Company had appeared before the Forum and resisted the claim vide it`s written version dated 14.1.2008. It was submitted that Government of Maharashtra had obtained said insurance policy which was in effect from 10.01.2005 to 09.01.2006 only. It was further submitted that death of said farmer namely Shri.Bapu Zore was occurred on 14.5.2006 i.e. after the expiry of the policy period and hence the appellant Insurance Company was not at all liable for the payment of the said insurance claim.
4. District Forum after perusal of the record and hearing the parties has partly allowed the claim and directed appellant Insurance Company by it`s impugned judgment and order to pay to respondent/complainant insurance sum of Rs.1 lakh along with interest @ 6% p.a. from 27.12.2007 and Rs.1000/- as cost of the complaint.
5. Aggrieved by the said judgment and order present appeal is filed in this Commission.
6. We have heard this appeal finally on 10.09.2012. Adv.Shri.R.H.Dahat was present for the appellant. None was present for the respondent although Adv.Shri.A.S.More had appeared earlier for the respondents. We have heard Adv.R.H.Dahat for the appellant and appeal was reserved for the orders.
7. Learned counsel Shri.Dahat submitted that deceased Bapu Changdeo Zore was died in road accident on 4.5.2006 when the said insurance policy was not at all in existence. He submitted that copy of Government resolution dated 3rd May 2008, in which it is clearly mentioned that said insurance policy was not in existence for the period from 15.7.2006 to 14.7.2007. It is made clear in the said Government resolution that amount of insurance claim for the said period would be paid by the Government. He further contended that letter of Tahasildar dated 6.11.2007 which is referred by District Forum in which it is mentioned that proposal during period from 10.4.2006 to 14.7.2006 have been submitted to appellant Insurance Company, is bogus and misleading. He contended that the fact regarding non-existence of insurance policy on the death of deceased was brought to the notice of the District Forum. However District Forum without appreciating the defence of the appellant has wrongly passed the impugned judgment and order directing Insurance Company to pay insurance claim. He therefore claimed for setting aside the judgment and order passed by District Forum.
