Punjab

StateCommission

FA/12/137

Labh Kaur - Complainant(s)

Versus

The Chaliala Cooperative Agricultural Service Society Ltd. - Opp.Party(s)

Narinder Sharma

18 May 2015

ORDER

                                                               FIRST ADDITIONAL BENCH

 

STATE  CONSUMER  DISPUTES  REDRESSAL COMMISSION, PUNJAB

          SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.

                                     

                   First Appeal No.137 of 2012

 

                                                          Date of Institution:03.02.2012                                                               Date of Decision: 18.05.2015 

 

Labh Kaur age 45 years widow of Sh. Raghbir Singh resident of village Chaliala Tehsil and District Patiala.

                                                                                                                                                                                                                                                                              …..Appellant/Complainant

         

                                      Versus

 

1.       The Chaliala Cooperative Agricultural Service Society Limited,   Chaliala Tehsil and District Patiala through its Secretary.

 

2.       The Patiala Central Cooperative Bank, Head Office, The Mall,    Patiala through its Manager.

 

3.       The Patiala Central Cooperative Bank Branch Lung, Village Tehsil       and District Patiala

 

4.       The Oriental Insurance Company Ltd, Sai Market, Lower Mall,   Patiala.

                            

                                                          …..Respondents /Opposite Parties

 

 

First Appeal against order dated 21.12.2011 passed by the District Consumer Disputes Redressal Forum, Patiala

Quorum:-

 

          Shri J. S. Klar, Presiding Judicial Member.

          Shri.Vinod Kumar Gupta, Member

          Shri. Harcharan Singh Guram, Member

 

Present:-

 

          For the appellants                     :         None

          For the respondent no.1 -3        :         Sh.Arun Jindal, Advocate

          For the respondent no.4             :         Sh. Vinod Chaudhri, Advocate

 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 

 

 

J.S KLAR, PRESIDING JUDICIAL MEMBER :-

         

          The appellant (the complainant in the complaint) has directed this appeal against the respondents of this appeal (the opposite parties in the complaint), challenging order dated 21.12.2011 of District Consumer Disputes Redressal Forum Patiala, dismissing the  complaint of the complainant. The instant appeal has been preferred against the same by the complainant now appellant in this appeal.

2.      The complainant has filed the complaint U/s 12 of the Consumer Protection Act, 1986 (in short, "the Act") against the OPs on the averments that her husband Raghbir Singh insured during his life with OP No.1 and 2 under Kisan Credit Card Holder under the personal accident policy. The above-said Raghbir Singh was insured with OP No.4 as per the policy adopted by the Punjab State, vide Registrar Cooperative Society Punjab State letter no.RCS No.Credit/CA/KCC 181-11/589 dated 15.07.2013. The Raghbir Singh deceased has deposited the amount of premium with OP No.3 through OP No.1, which was later on sent to OP No.2. Unfortunately, on 7.11.2003 at about 5.15 PM, Raghbir Singh met with an accident while he was proceeding on his scooter bearing no.PB02-B-7198 in the area of Chalaila on Sirhand Patiala road, when a bus bearing no.PB-C-9881 proceeding from Patiala to Sirhand, hit his scooter, as a result of, which he fell down on the road side and sustained injuries therewith on the spot. The accident was witnessed by Smt. Baljit Kaur wife of Harbans Singh resident of Village Pandtan Kheri Tehsil Rajpura District Patiala. She reported the matter to the police. The police of police station Phagan Majra had not registered the case. Complainant also reported the matter to S.S.P Patiala, vide no.393/P/DSP dated 4.12.2003. The complainant contacted OPs for many times under the above-said Kisan Credit Card Policy being widow of Raghbir Singh but to no effect. OPs refused to release any amount to her under the above policy. The complainant has, thus, filed the present complaint against OPs directing them to pay the amount of Rs.2 lac to her along with interest @ 18% per annum, besides compensation of Rs.50,000/- for mental harassment and Rs.50,000/- as costs of litigation.

3.      Upon notice, OP No.1 filed its separate written reply by raising preliminary objections that complaint is not maintainable, as it, falls exclusively before the Motor Accident Claims Tribunal for its adjudication. On merits, it was admitted by OP No.1 that Raghbir Singh was a member of OP No.1. It was further averred that OP No.1 never insured above Raghbir Singh. However, premium if deposited, was directly deposited with OP No.2 and 3. It was admitted that Raghbir Singh died on 7.11.2003. OP denied other allegations made in the complaint and hence prayed for dismissal of the present complaint.

4.      OP No.2 filed its separate written reply and contested the complaint of the complainant. It was admitted that OP No.1 submitted its list of the members of the Cooperative Society included Raghbir Singh against deposit of Rs.45/- as premium for Personal Accidental Policy. The policy was issued as per the order of the Registrar Cooperative Societies Punjab  and the amount of premium along with list of members was submitted by OP No.2 to the District Manager Oriental Insurance Company , Sai Market, Patiala, vide DD No.028239 for amount of Rs.7,53,975/- for the member of 16755 and an amount of Rs. 4,36,275/- was deposited, vide cheque no.28244 dated 30.09.2003. As per the master policy, OP No.4 is the insurer and the accidental benefit of Rs.50,000/- was to be provided to the member of the policy. No separate policy was issued by the OP No.4. The complainant is required to prove that deceased died due to accidental injury and only then, he would be entitled to amount of the policy of Rs.50,000/- , but no documents were produced by the complainant to prove that Raghbir Singh had died due to accidental injuries. It was denied by OP No.2 that complainant is entitled to compensation of Rs.2 lac and hence prayed for dismissal of the present complaint.

5.      OP No.3 filed its separate written reply and contested the complaint of the complainant by raising preliminary objections that OP No.3 never insured Raghbir Singh husband of the complainant. However, the premium received from the society by OP No.3 used to be got deposited with OP No.2. OP No.2 have direct concern with OP No.4/Insurance Company.  OP No.3 denied other allegations made in the complaint and hence prayed for dismissal of the present complaint.

6.      OP No.4 filed its separate written reply and contested the complaint of the complaint. It was averred that Raghbir Singh was insured for Rs.50,000/- under Kissan Credit Card Scheme Policy of OP No.4 in collaboration with OP No.2 and 3. OP No.4 averred that they are ready to process the claim, if received from complainant through OP No.1,2 and 3,  as per rules, but it was specifically denied that the insurance company is liable to pay any interest. There is no fault or delay on the part of OP No.4. No claim has been received from the complainant or from OP No.1, 2 and 3. OP No.4 further averred that it is ready to process the claim of Rs. 50,000/- for accidental claim without any liability of the interest provided the case is processed by OP No.4. OP No.4 denied other allegations made I the complaint and prayed for dismissal of the present complaint.  

7.      The complainant tendered in evidence the affidavit of complainant Ex.C-1, affidavit of Jaswinder Singh Ex.C-2, copy of death certificate Ex.C-3, copy of passbook Ex.C-4. As against it, OPs tendered in evidence affidavit of Sh. Rakesh Goel, Senior Manager of OPs Ex.R-1, Master Policy Ex.R-2, letter Ex.R-3, receipt of cheque Ex.R-4, list of branches Ex.R-5, another letter for sending DD and receipt thereof Ex.R-6, list of branches Ex.R-7 to Ex.R-8, list of members Ex.R-9, list of societies Ex.R-10, transfer voucher Ex.R-11, receipt issued by Oriental Insurance Company Ex.R-12 and Ex.R-13, affidavit of Sh. Ish Kumar Munjal, Senior Divisional Manager Ex.R-14, copy of terms and conditions Ex.R-15, receipt Ex.R-16 and letter of Cooperative Bank  Ex.R-17, receipt Ex.R-18, application for production of documents Ex.R-19. On conclusion of evidence and arguments, the District Forum, Patiala, dismissed the complaint of the complainant by virtue of order dated 21.12.2011. Dissatisfied with the order of the District Forum Patiala dated 21.12.2011, the complainant now appellant has preferred this appeal against the same.   

8.      Initially, the District Forum Patiala accepted the complaint of the complainant on 24.03.2006 and matter was brought before State Commission in First Appeal No. 690 of 2006  and matter was remanded to District Forum Patiala for fresh decision by setting aside the order dated 24.03.2006 of District Forum Patiala.

9.      We have heard learned counsel for the parties and have also examined the record of the case, whereas, none has appeared on behalf of appellant in this appeal at the time of arguments for the best known to her.  

10.    The District Forum Patiala dismissed the complaint of the complainant primarily on the ground that complainant has failed to prove that Raghbir Singh died due to accidental injuries. Complaint was dismissed on that ground by the District Forum. We have to determine it on the basis of the record, whether death of Raghbir Singh is by virtue of accidental injuries having been proved in this case or not. The complainant tendered affidavit Ex.C-1 on the record. She stated that accident was witnessed by Baljit Kaur wife of Harbans Singh resident of village Panditan Kheri Tehsil Rajpura District Patiala. She stated that her husband died due to accidental injuries. The matter was reported to the police post Fagan Majra. But Police of Police Post Fagan Majra had not registered the case. The matter was also referred to higher police authority, but to no effect. Ex.C-2 is affidavit of Jaswinder Singh to the effect that his brother died due to accidental injuries. Ex.C-3 is a death certificate. Ex.C-4 is Kissan Credit Card. This is only evidence as relied upon by the complainant in this case.

11.    From perusal of the complaint of the complainant, we find that complainant has pleaded this fact that accident was witnessed by Baljit Kaur w/o Harbans Singh resident of village Panditan Kheri Tehsil Rajpura District Patiala. Affidavit of Labh Kaur complainant Ex.C-1 and of Jaswinder Singh Ex.C-2, who are widow and brother of the deceased Raghbir Singh have not proved this fact that they had seen this accident.

12.    The above-referred evidence was examined by the District Forum. There is neither any FIR nor any post-mortem report proving this fact that Raghbir Singh died due to accidental injuries. In this case, no cause of death is established of Raghbir Singh due to accidental injuries by virtue of any medical record. In the absence of the medical record, it is difficult to hold that Raghbir Singh died due to accidental injuries. We are governed by documents stricto-sensu besides the complaint and evidence on the record.  Even there is no medical record to prove that Raghbir Singh received any injuries in the accident. There is no police report that this type of accident had actually taken place in this case. We have examined the affidavit of Jaswinder Singh, brother of the complainant as well.  He nowhere stated that he was present at the spot of the accident and had witnessed the accident. Baljit Kaur alleged witness of this accident, as per pleaded case of the complainant, has not been examined in this case. On the other hand, OPs tendered in evidence affidavit of  Rakesh Goel, Senior Manager of OPs Ex.R-1, who stated that it is not in their knowledge that if any case was registered by the police about the accident or not. He further stated that no post-mortem report nor DDR was produced to show that Raghbir Singh had died due to accidental injuries in this case. The complainant would be entitled to the amount of policy of Rs.50,000/- provided she proved this fact that her husband had died due to accidental injuries. Ex.R-2 is Master Policy on Personal Accident Insurance to Kisan Credit Card Holders. The risk is covered up to Rs.50,000/- and insurance cover would be in force for a period of one year. Ex.R-4 is the certificate regarding members of the society. Ex.R-5 to Ex.R-7 are details of members. Ex.R-8 is name of the societies covered under it. Ex.R-9 is list wherein Raghbir Singh is shown at serial no.146. Ex.R-11 is transfer voucher of the amount of Rs.64125/- towards premium. The affidavit of Sh. Ish Kumar Munjal, Senior Divisional Manager Oriental Insurance Company is also on the record. Ex.R-15 is Master Policy on Personal Accident Insurance to Kisan Credit Card Holders.

13.    We find that District Forum has rightly dismissed the complaint of the complainant on the ground that complainant has neither produced any medical record nor postmortem report of Raghbir Singh deceased to prove that his death took place due to accidental injuries. The complainant has not produced any DDR or FIR or any police record to prove the factum of this accident. The complainant allegedly lodged the complaint to SSP but had not been proved it on the record. Ex.R-2 is Master Policy on Personal Accident Insurance to Kisan Credit Card Holders covered all Kisan Credit Card Holders in India. This will  include the holders of KCC issued by the District Central Cooperative Banks. RRBs and Commercial Bank throughout India. This scheme will cover all the KCC holders against death or permanent disability resulting from accidents caused by external violent and visible means and occurring within the geographical jurisdiction of India. This Master Policy shall remain valid for a period of three years with effect from 2001 to 2004 and insurance cover will be in force for a period of one year from the date of receipt of premium. The District Forum dismissed the complaint of the complainant on the ground that death of Raghbir Singh due to accidental injuries has not been established on the record. We find no illegality in the order of the District Forum and in holding that complainant could not establish it on the record that Raghbir Singh died due to accidental injuries or was covered under the above policy. Unless and until the fact of death of Raghbir Singh due to personal accident injury is established on the record, there is no question of invoking the insurance policy in this case. We find that order of the District Forum is correct and calls for no interference in this appeal by us.

12.    As a result of our above discussion, there is no merit in the  appeal  and same is hereby dismissed with no order as to costs.

13.    Arguments in this appeal were heard on 13.05.2015 and the order was reserved. Now the order be communicated to the parties.

14     The appeal could not be decided within the statutory period due to heavy pendency of court cases.

           

                                                                          (J. S. KLAR)

                                                              PRESIDING JUDICIAL MEMBER

                       

                                               

                                                                    (VINOD KUMAR GUPTA)

                                                                             MEMBER

 

 

                                                               (HARCHARAN SINGH GURAM)

                                                                             MEMBER

 

May  18  2015.                                                               

(ravi)