Maharashtra

Central Mumbai

MA/21/2

Mrs Laxmi Dattatraya Dafale - Complainant(s)

Versus

Tata AIG General Insurance Co Ltd - Opp.Party(s)

Ganesh Shikhare

14 Oct 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CENTRAL MUMBAI
Puravatha Bhavan, 2nd Floor, General Nagesh Marg, Near Mahatma Gandhi Hospital
Parel, Mumbai-400 012 Phone No. 022-2417 1360
Website- www.confonet.nic.in
 
Miscellaneous Application No. MA/21/2
( Date of Filing : 06 Jan 2021 )
In
Complaint Case No. CC/21/3
 
1. Mrs Laxmi Dattatraya Dafale
Borawade Tal Kagal
Kolhapur
Maharashtra
...........Appellant(s)
Versus
1. Tata AIG General Insurance Co Ltd
Through Its Manager, Dity Tower, 2nd Floor, Dr. S S Rao Road, Next To Gandhi Hospital Parel, Mumbai 400012
Mumbai
Maharashtra
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. S. S. Mhatre PRESIDENT
 HON'BLE MR. M.P.KASAR MEMBER
 
PRESENT:
 
Dated : 14 Oct 2021
Final Order / Judgement

(Below M.A.21/02 in CC/21/03 for delay condo nation filed by complainant)

                 Per Mr.M.P.Kasar, Hon’ble Member

Heard Complainant and opposite party through their Advocates, perused application and reply the issue is whether delay is condonable? We answer Yes in view of our consideration as follows –

No dispute in regard that, complainant is Illiterateand villager, it is dispute of opposite party that, complainant is not entitled below the scheme because late D.N.Dafale was unde the influence of alcohol . Considering the nature and concept and purpose of Insurance Scheme i.e.Shetkari Janta Apghat Vima Yojna which is admittedly for the agriculturist and their dependents. It has observed from the perusal of 7/12 extract at page No.23 of complaint there is name of deceased and complainant in occupancy part of 7/12 extractis mentioned. Complainant cited judgement copy, Perused copy of judgement passed by Hon’ble State CommissioninFirst Appeal No.FA 15/623 vide dated 3/4/18  Smt.Kamalavati Suryakant Rane v/s National Insurance Company and otrs .Considering the views taken by the Hon’ble State Commission for condoning the delay of the matters which comes below said scheme andissues raised by the opposite party in present applicationcan be decide on meritso delay caused to file present complaint we are of the opinion that, is condonable in of view circumstances of complainant.Therfore Misc.Application No.21/02 for delay condonation is allowed and delay of 4years 7 months 10 days is herebycondoned in the interest of justice and no order as to cost.

 

 

 
 
[HON'BLE MRS. S. S. Mhatre]
PRESIDENT
 
 
[HON'BLE MR. M.P.KASAR]
MEMBER
 

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