| Final Order / Judgement | (Delivered on 23/04/2019) Per Mr. B. A. Shaikh, Hon’ble Presiding Member - Both these appeals are being disposed of by this common order as common question of facts and law are involved in them. Both these appeals are filed by original complainant feeling aggrieved by two identical orders dated 10/10/2018 passed by District Consumer Forum, Amravati by which the two consumer complaints bearing Nos. 8/2018 and 13/2018 have been disposed of in consequence of compromise pursis.
- Both the appellants herein/ original complainants had filed the aforesaid two consumer complaints bearing Nos. 8/2018 and 13/2018 before the learned District Consumer Forum, Amravati seeking directions to the respondents herein to pay to each of the complainant in the said two complaints, Rs. 1,00,000/- as the sum assured under the scheme called as “ Farmer’s Personal Accident Insurance Scheme” and also to pay each of them interest at the rate of 18 percent per annum over the said amount from the date of the respective claim submitted by them to the respondent and also to pay each of them compensation of Rs. 30,000/- for physical and mental harassment and litigation cost of Rs. 15,000/-
- The appellants herein/original complainants and the respondent No. 1 herein in both these appeals filed pursis under their respective signatures and signatures of their respective advocates before the learned District Consumer Forum, Amravati submitting in the said pursis that the respondent No. 1 herein agreed to pay Rs. 1,00,000/- to the original complainant/respondent in each of the complaint as claimed by them and that the said amount will be paid within 30 days and if the said amount is not paid within 30 days then the said amount will be payable with interest at the rate of 9 percent per annum. The learned District Consumer Forum, Amravati on considering the said pursis filed in both the complaints as above and considering the submission made before it, passed the two identical impugned orders in the aid two complaints and thereby directed that the respondent No. 1 herein shall deposit with the said Forum Rs. 1,00,000/- in each of the complaint within 30 days of the date of the said order and if it failed to deposit the same within 30 days then the said amount of Rs. 1,00,000/- will carry interest at the rate of 9 percent per annum to be paid to the respective appellant/original complainant.
- The learned District Consumer Forum also directed under clause No. 4 of the operative part of the impugned orders as under.
- In complaint No. 8/2018, out of deposited amount of Rs. 1,00,000/-, Rs. 50,000/- be kept in Fixed Deposit in the name of Miss Arpita Vilas Bamnote, aged about 14 years for a period of 4 years and Rs. 30,000/- be kept in fixed deposit in the name of Miss Neha Vilas Bamnote, aged about 11 years for a period of seven years who are the minor daughters of the complainant/appellant, in any nationalized bank or the Post Office and balance amount of Rs. 20,000/- be paid to the complainant in that complaint by RTGS.
- In complaint No. 13/2018, the learned Forum in clause No. 4 of the operative part of the impugned order directed that out of deposited amount of Rs. 1,00,000/-, an amount of Rs. 50,000/- be kept in fixed deposit in the name of Mr. Sahil Pramodrao Bamnote aged about 11 years for a period of 9 years and Rs. 30,000/- be kept in fixed deposit in the name of Miss Khushi Pramodrao Bamnote aged about 8 years for the period of 12 years who are the respectively minor son and daughter of the complainant/appellant, in any nationalized bank or the Post Office and balance amount of Rs. 20,000/- be paid to the appellant/original complainant by RTGS.
- Feeling aggrieved by the above direction given in clause No. 4 of the operative part of both the impugned orders about deposit of money in any Nationalized Bank or Post Office, the original complainants have filed these two appeals.
- We have heard advocate Mr. U.P. Kshirsagar appearing for the appellants and advocate Mr. H.N.Verma appearing for respondent No. 1 in both appeals. No one appeared for respondent Nos. 2 and 3 for final hearing. We have perused the record and proceeding of both appeals.
- The learned advocate of the appellants made common submission in both appeals that the learned District Consumer Forum, Amravati erred in giving direction to deposit huge amount of Rs. 80,000/- out of Rs. 1,00,000/- in each of the complaint in Nationalized Bank. According to him, the original complainants/appellants are in dire need of money after the death of their respective husband and they cannot maintain themselves and their respective son and daughter out of Rs. 20,000/- only which are directed to be paid to each of them. He argued that as per scheme under “ Farmer’s Personal Accident Insurance Scheme”, Rs. 1,00,000/- are required to be paid to the widow of the deceased farmer so that the widow can maintain herself and her family members out of the said amount of Rs. 1,00,000/- after the death of her husband. According to him, no such direction can be given under such case to deposit such amount out of Rs. 1,00,000/- in any nationalized bank or the post office till the respective son or daughter of complainant has attained age of majority. Hence he requested that the direction given under clause No. 4 of the operative party of the impugned order may be set aside and direction may be given that entire amount of Rs. 1,00,000/- with interest accrued thereon be paid to the respective original complainant/appellant.
- On the other hand, the learned advocate Mr. H.N. Verma appearing for respondent No. 1/insurance company submitted that appropriate direction may be given in these two appeals to meet the ends of justice.
- We find that the deceased husband of the respective appellant was farmer and he met with accidental death. As per Farmer’s Personal Accident Scheme, an amount of Rs. 1,00,000/- is required to be paid in consequence of accidental death of farmer to the respective claimant. The said scheme does not contemplate deposit of part of the amount of Rs. 1,00,000/- with any nationalized bank or Post Office in the name of minor son or daughter of the deceased farmer till they have attained the age of majority. In our view if the said scheme is considered as whole, it can be said that the State Government launched the said scheme with a view to provide immediate financial assistance to respective claimants under the said scheme in consequence of sudden death of farmers as required for maintenance of their livelihood. Therefore deposit of any part of the amount out of Rs. 1,00,000/- for a long period in the name of any minor son or daughter of the deceased farmer, in any bank or post office is not called for under the said scheme. In the result, we hold that the direction given by learned District Consumer Forum, Amravati in clause No. 4 of the operative part of each of the impugned order deserves to be set aside and directions needs to be given that entire amount of Rs. 1,00,000/- be paid along with accrued interest thereon to the respective appellant/original complainant. Hence we proceed to pass the following order.
ORDER - Both the appeals are allowed as under.
The direction given by learned District Consumer Forum, Amravati in clause No. 4 of the operative part of the impugned orders about deposit of Rs. 50,000/- and Rs. 30,000/- in the respective names of the son and daughter of the appellants for the specified period is hereby set aside. It is directed that entire amount of Rs. 1,00,000/- with accrued interest thereon be paid to respective appellants/complainants as a whole in each of the aforesaid two complaints. - No order as to cost in both these appeals.
- Copy of the order be furnished to both parties, free of cost.
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