13-10-2014 -   Heard, learned counsel appearing on behalf of the applicant.

2.    By the judgement under appeal the learned District Consumer Forum, Bokaro has dismissed the complaint being CC No. 24/13 filed on behalf of the appellant claiming accidental death claim of Sanjay Kumar Ray claiming herself to be his wife and mother of their daughter Rupa Kumari who was nominee in the insurance policy.

3.    Learned Lower Forum after hearing the parties and considering their respective cases and the documents relied by them inter alia held as follows:-

6.        Said Rupa Kumari is not before us. There is no document to show that nominee Rupa Kumari is minor and complainant Sabita Devi is her natural guardian and has filed this complaint on behalf of the nominee being her natural guardian.

7.        Anx.-10, the FIR of Bermo P.S. Case No. 145/11 dated 24.11.2011 was lodged by same Devi claiming herself to be the wife of deceased Sanjay Ray. Fardbeyan dated 24.11.2011 bears the L.T.I of same Devi where as complainant Sabita Devi has signed as Sabita Devi in Complaint and other documents of this proceeding. There are no documents to show that Sabita Devi and Same Devi are the names of same person who is widow of deceases Sanjay Kumar Ray. In such circumstances, the status of the complainant became doubtful.

8.        After investigation of Bermo P.S. Case No. 145/11, police submitted charge sheet against three accused persons u/s 302/34 I.P.C. for allegedly committing murder of Sanjay Kumar Ray. In the charge sheet, police has stated the story of occurrence and the cause of murder of Sanjay Kumar Ray. It has been stated that Sanjay Kumar Ray and the accused persons were habitual gambler and were addicted to alcohol. Their profession was pick pocketing and snatching. In course of gambling they quarreled with each other. They were under the influence of alcohol. There was disputed among them in connection with distribution of pick pocketing money and the accused persons killed deceased Sanjay Kumar Ray after compelling him to take maximum quantity of alcohol and throw his dead body near Damodar River.

4.        The learned Lower Forum rightly distinguished the judgement of Hon’ble Punjab State Consumer Forum reported in IV (20008) CPJ 256, in view of the facts and circumstances of the present case as noticed above. Further, in view of the judgement of Hon’ble National Commission, reported in III (2008) CPJ 120 (NC) Maya Devi Vrs. L.I.C. no relief can be granted to the appellant. The learned Lower Forum has rightly held that the complainant could not show that only she is entitled to claim the insured amount, and further, as per the charge sheet, Sanjay Kumar Ray was murdered, during quarrel in cause of gambling and they were under the influence of alcohol. The charge sheet also disclosed him criminal activities. Thus, we find no merit in this appeal which is accordingly dismissed.

Issue free copy of this order to all concerned for information and needful.

                  Ranchi,

      Dated:- 13.10.2014