BEFORE THE DISTRICT CONSUMER WARANGAL

Present:       Sri N.J. Mohan                                                

`                                              AND

          Monday the 31^st March, 2008.

CONSUMER DISPUTE NO. 79/2006

Between:

1. Gone     Age: 32 years,

2. Gone

    Age 13 yrs., 3. Gone Kumar, S/    Age: 11 yrs., 4. Gone

    Age: 9 yrs., (The complainants 2 to 4 are minors through their

next friend and natural mother i.e. complainant No.1)

All are residents of Ootimamidipally Village,

Wardhannapet

… Complainants

AND

The Oriental Insurance Co., Ltd., through

Its Branch Manager,

… Opposite Party

Counsel for the Complainants              : Sri.

Counsel for the Opposite Party            : Sri.    Advocate

This complaint coming for final hearing before this Forum, the Forum pronounced the following Order.                                                                :  ORDER  ::

     Sri N.J. Mohan .

          This is a complaint filed by the complainants (4) in number against the Opposite Party under section 12 of Consumer Protection Act, 1986 for a direction to it to pay Rs.1

          The brief averments contained in the complaint filed by the complainant are as follows:

1)      The complainant No.1 is the wife of   The deceased was an agriculturist.  During his life time the deceased joined in Primary Agricultural Cooperative Society,   The deceased being one of the member of PACS, insured his life for Rs.1  The deceased raised hue and cry.  On hearing the said hue and cry the wife of the deceased rushed to the well removing the plug and observed that the deceased died due to electrocution. After the death of the deceased the complainant lodged a complaint before the Police, 26-06-2000 the Opposite Party issued a letter to the complainant stating that the claim has been closed for non-submitting of the required documents.  As such the complainants filed the present complaint for their     

          Opposite Party filed the Written Version contending in brief as follows:

2)      The date of cause of action is 23-04-1999 the date on which the deceased died due to electrocution on 26-6-2000, and the complaint is filed before the   The installation wires of the motor and drawing of power are very negligent manner.  As per provisions of Electricity Act the power has to be used for the purpose for which it was obtained.  Diverting or using of power other than the purposes it was obtained amounts to theft of power.  Hence, the complaint filed by the complainants may be dismissed.

3)      The complainants in support of their   On behalf of Opposite Party one S.

The points that arise for consideration are:

1)                Whether there is any deficiency of service on the part of the Opposite Party?

2)                To what relief?

4)      Affidavit filed in lieu of chief examination of P.W.1 i.e. the complaint No.1, the wife of deceased.  In the said affidavit the PW.1 stated that, she is the wife of deceased and complainant No.2 to complainant No.4 are the children of them, who are minors.  The four persons including PW.1 are the dependants of the deceased Late   On 23-04-1999 the deceased died accidentally due to ‘Electrocution’.  On that day at about 4.00 a.m. the deceased switched on the Electric motor to get the water for domestic and cattle needs.  But the water did not flow out to the tank then he went to the well to check the problem for non-supply of water from the well.  At that time there was darkness, so that he could not see what was happening there,  when he reached the near by place of the well, there was spreading of water and his foot fall into the water then immediately he observed that the water which spread on the field was under electric supply and he met with electrocution, immediately the deceased raised hue and cry, by listening the cries of the deceased herself and other    Immediately with the help of

5)      After that she lodged a complaint before the Police,   The deceased dead body sent to M.G.M. Hospital, Warangal and the body was subjected to the Postmortem.   The postmortem conducted by Sri   She also revealed that during the life time of the said deceased i.e. her husband was the member of Primary Agriculture Co-operative Society and insured his life for Rs.1  After the death of the deceased PW.1 submitted claim forms along with necessary documents to   But the Opposite parties did not pay the policy amount, after so many rounds to the Opposite party. The Opposite party given a letter dated 26-06-2006 that the Opposite party repudiating her claim and also closed her claim.  Hence, herself and with her children being legal heirs of the deceased filed this complaint for passing appropriate order to the OP for the amount of Rs.1,00,000/- along with  damages.

 Ex.A-1 to Ex.A-10

1.     Ex.A-1 is the Xerox copy of Dependent Certificate issued by 23-02-2000.

2.     Ex.A-2 is the list of members in Primary Agricultural Co-operative Society.  It reveals that the deceased   Sl.No.280 shown in the list.

3.     Ex.A-3 is the true extract                 

4.     Ex.A-  is the Xerox copy of First Information Report (F.I.R) of P.S. Warangal.  It reveals that the deceased died due to electrocution.

5.     Ex.A-5 is the Xerox copy of report of post-mortem examination conducted by Medical College, Warangal opinion as to the cause of death was “Electrocution”.

6.     Ex.A-6 is the Xerox copy of letter of forensic medicine to S.H.O. P.S.,

7.     Ex.A-7 is the Xerox copy of final report by M.R.O.II-Class Executive Magistrate.  It reveals that the case as Accidental Death due to  

8.     Ex.A-8 is the Xerox copy of inquest report, dated 23-04-1999. It reveals that the death of the deceased due to Electrocution.

9.     Ex.A-9 is the Xerox copy of   It reveals that the

10.Ex.A-10 is the Xerox copy of letter issued by Opposite Party to complainant dated 26-06-2000.  It reveals that the claim No.30027/2000 was shown.

Affidavit filed on behalf of OP the said Insurance Company i.e., the Oriental Insurance Company Limited, Warangal.  In the said Affidavit the Opposite Party took some objections regarding the complaint filed by the complainants.  They are:

i)                   The complaint filed much later after the death of the deceased, hence, barred by limitation.

ii)                  The opposite party does not know about the Survey Number, extent and nature of land that was owned by the deceased and the Electric Supply and no other particulars about the electric connection.

iii)                Also stated that the legal heirs of the deceased did not inform the Opposite Party about the policy particulars immediately after the death of the deceased.

Hence, the complaint has to be dismissed.  No exhibits on behalf of opposite party.

          After perusing all the documents filed by both the counsels along with Affidavits and Written Version of both parties this Forum concluded that the deceased covered under Insurance Policy through the Primary Agricultural Cooperative Society, and the Opposite parties objections are minor and negligible. Hence, the complainants are entitled to get the policy amount from the Opposite parties.

          In the result the complaint filed by the complainants is allowed and the Opposite Party is directed to pay Rs.115-04-2006 till the date of deposit.  The Opposite Party is also directed to pay Rs.1

          A month’s time is granted to the Opposite Party for the compliance of the order.

          So far as the apportionment of the policy amount is concerned, the complainants would be entitled Rs.25  The complainant No.1 wife of the deceased is entitled to the accrued interest and costs.

 (Dictated to the Stenographer, transcribed by him corrected and pronounced by us in the open Forum, today, the 31^st March, 2008)

                                                          Member                     I/c President,

                                                          District Consumer Forum, Warangal.

APPENDIX OF EVIDENCE

ON BEHALF OF COMPLAINANT

                          ON BEHALF OF OP.

Affidavit of Complainant filed                                             ---

ON BEHALF OF COMPLAINANT EXHIBITS MARKED

2. Ex.A-2 is the list of members in Primary Agricultural Co-operative society.

3. Ex.A-3 is the true extract of Ex.A-4 is the Xerox copy of first information report (F.I.R) of  
   5. Ex.A-5 is the Xerox copy of report of Post-mortem examination, dated 23-04-1999.

    

   6. Ex.A-6 is the Xerox copy of letter of forensic medicine to S.H.O.  
      7. Ex.A-7 is the Xerox copy of final report by M.R.O. II-Class Executive Magistrate.

       

      8. Ex.A-8 is the Xerox copy of Inquest report, dated 23-04-1999.

       

      9. Ex.A-9 is the Xerox copy of

       

      10. Ex.A-10 is the Xerox copy of letter issued by OP to complainant dated 26-06-2000.