Maharashtra

StateCommission

A/10/924

NEW INDIA ASSURANCE CO LTD - Complainant(s)

Versus

SOU CHANDA SUNIL SAWANT - Opp.Party(s)

S SHENOY

23 Dec 2010

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
First Appeal No. A/10/924
(Arisen out of Order Dated 25/06/2010 in Case No. 109/2009 of District Kolhapur)
 
1. NEW INDIA ASSURANCE CO LTD
NEW INDIA ASSURANCE BLDG 87 MAHATMA GANDHI ROAD FORT MUMBAI
MUMBAI
MAHARASHTRA
...........Appellant(s)
Versus
1. SOU CHANDA SUNIL SAWANT
JADHEWADI TAL AJARA
KOLHAPUR
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr.Justice S.B.Mhase PRESIDENT
 Hon'ble Mr. S.R. Khanzode Judicial Member
 Hon'ble Mr. Dhanraj Khamatkar Member
 
PRESENT:S SHENOY, Advocate for the Appellant 1
 Meenakshi Patil, Advocate for the Respondent 1
ORDER

Per Shri Dhanraj Khamatkar, Hon’ble Member

There is delay of 16 days delay in filing the appeal.  Therefore misc.application no.10/485 seeking condonation of 16 days delay is filed.  Delay is of few days.  For the reasons stated in para 2 of the application, delay stands condoned.  Misc.application no.10/485 for condonation of delay is allowed.

This appeal takes an exception to an order dated 25/6/2010 passed by the District Consumer Disputes Redressal Forum, Kolhapur in consumer complaint no.109/2009.

Facts of the case in brief can be summarized as under:-

The deceased mother in law of the original complainant had become a member of Pancard Club Ltd. by paying contribution of `24,650/-.  As per their policy  Pancard Club Ltd. had taken an insurance policy in the name of deceased mother- in-law of the complainant from the original opponent no.1 and the present complainant was entered as nominee in the policy.  The mother in law of the complainant died due to an accident.  Policy is dated 18/3/2006 and the number of policy is 110800/42/04/03275 and the insured amount is `5 lakhs.

          After the death of mother in law of the original complainant, complainant had filed a claim for the insured amount with the Insurance company on 16/06/2008.  O.P.no.1 had repudiated the claim on the ground that the FIR is not registered. There is no panchanama drawn and no post mortem report and repudiated the claim on 02/1/2006.  Hence the complainant had filed consumer complaint praying that the amount of insurance may please be directed to be paid along with interest of 12% p.a. and compensation for mental torture and cost.

          Forum below after hearing both the parties has passed an order directing O.P.no.1 appellant to pay insurance amount of `5 lakhs along with interest @ 9% p.a. w.e.f. 02/1/2009 and `1000/- for mental agony and `2000/- as cost.  It is against this order that the present appeal is filed.

          Appellant has challenged the order on the ground that respondent no.1/original complainant had not filed any evidence to prove that deceased died by accident.  They further contended that there is no FIR, no police panchanama, no hospital certificate and hence, they have repudiated the claim.

          Admittedly, original complainant had taken the membership of the Pancard Club Ltd. for her deceased mother in law Smt.Bayakka Laxman Sawant by paying an amount of `24,650/-.  On the basis of her membership O.P.no.2/respondent no.2 had taken the insurance for deceased Smt.Bayakka Laxman Sawant from the appellant and respondent no.1/original complainant is a nominee. Number of Insurance policy is 110800/42/04/03275 and the insured amount is `5 lakhs.  Appellants have admitted that they have issued the policy in the name of Smt.Bayakka Laxman Sawant.  There is no dispute regarding death of the deceased on 17/5/2008.  Appellants have repudiated the claim on the ground that there is no FIR, no panchanama, no post mortem. The deceased was residing at Jadhewadi, Taluka Ajara, District Kolhapur and it is a hilly area.  It is the contention of respondent no.1/org.complainant, that they have tried to take her to the hospital.  However, being an inaccessible area, they could not get vehicle for transportation and in a process, mother in law of the complainant died.  At page no.33 of the appeal paper book there is a death certificate issued by the Local authority. Appellants have not adduced any evidence to disprove this fact.  From the evidence which is adduced, it is clear that the death was accidental and it was covered by the insurance policy.

          Forum below after taking into consideration facts and circumstances of the case has passed an order and we do not find any ground to interfere in the same. We hold accordingly and pass the following order:-

                                      ORDER

1.    Misc.application no.10/485 for condonation of delay is allowed.

2.  Appeal is dismissed.

3.     Order of the forum below is hereby confirmed.

4.     Inform the parties accordingly.

 

 

 

 
 
[Hon'ble Mr.Justice S.B.Mhase]
PRESIDENT
 
[Hon'ble Mr. S.R. Khanzode]
Judicial Member
 
[Hon'ble Mr. Dhanraj Khamatkar]
Member

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