National Consumer Disputes Redressal
Lakshmi Bai & Ors. vs Icici Lombard General Insurance Co. Ltd ... on 5 August, 2011
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO.3118-3144 OF 2010 (Against the order dated 11.03.2010 in Appeal No.416-442 of 2010 of the State Commission, Madhya Pradesh) 1. Laxshmi Bai W/o Late Sh. Bhaiyya Lal R/o Rajiv Nagar Ward, Sagar (M.P.) 2. Smt. Prabha Bai W/o Late Jamna Prasad R/o Mahavir Ward, Behind Civil Court, Khurai, Dist. Sagar (M.P.) 3. Sh. Bal Chand S/o Sh. Chhotelal Ahirwar R/o Abdul Hamid Ward, Khurai, Dist. Sagar (M.P.) 4. Smt. Raj Kumari W/o Late Rameshwar Yadav R/o Sindhi Colony, Gandhi Ward, Bina, Dist. Sagar (M.P.) 5. Smt. Kashi Bai W/o Late Beni Ram ( Beni Prasad) R/o Behind Bharat Talkies, Near Dr. Shani Clinic, Achawal Ward, Bina, Dist. Sagar (M.P.) 6. Smt. Shyam Rani W/o Late Gokal R/o Vill. Bijora, Tehsil Devri, Dist. Sagar (M.P.) 7. Smt. Baijanti W/o Late Chintaman Patel R/o Vill. Ishurwara, Tehsil Rahatgarh, Dist. Sagar (M.P.) 8. Sh. Sevak (Sevaram) S/o Sh. Godha Ahirwar R/o Vill. Semra Khedi, Post Dehri, Tehsil Bina, Dist. Sagar (M.P.) 9. Smt. Asha Choubey W/o Late Shivcharan Chobey R/o Vill. Mundra Jaruoa Kheda, Tehsil Rahatgarh, Dist. Sagar (M.P.) 10. Sh. Kaluram (Kallu) S/o Sh. Sukke R/o Vill. Semra Ganpat, Tehsil Khurai, Dist. Sagar (M.P.) 11. Smt. Sheel Rani W/o Late Jagdish Kushwah R/o Ward No.1, Vill. Basari, Tehsil Khurai, Dist. Sagar (M.P.) 12. Smt. Avadh Rani W/o Late Komal Kanchi R/o Vill. Padrai Bujurg, Tehsil Devri, Dist. Sagar (M.P.) 13. Smt. Suhag Rani W/o Late Muna Lal R/o Vill. Dilua Khedi, Tehsil Khurai Dist. Sagar (M.P.) 14. Sh. Bablu Khangar S/o Sh. Amoli Khangar R/o Vill. Bhambhori Shek, Post Basahari, Tehsil Bina, Dist. Sagar (M.P.) 15. Smt. Rekha Bai W/o Late Madan R/o Vill. Rampur Rehli, Dist. Sagar ( M.P.) 16. Sh. Duli Ram (Dayaram) R/o Vill. Kalukhedi, Tehsil Bina, Dist. Sagar (M.P.) 17. Sh. Ramnath S/o Bhero Kanchi R/o Vill. Padrai Bujurg, Tehsil Devri, Dist. Sagar (M.P.) 18. Smt. Shyambai (Shyamrani) W/o Late Santosh Kumar R/o Patna Kakri, Tehsil Rehli, Dist. Sagar (M.P.) 19. Smt. Sukhwati Bai W/o Late Reslal R/o Vill. Brahmami, Post Kaparwadi, Tehsil Chhindwada, Dist. Chhindwada (M.P.) 20. Smt. Tulsi Bai W/o Late Basanta R/o Vill. Palewar, Tehsil Pandurana, Dist. Chhindwada (M.P.) 21. Smt. Geeta Bai W/o Late Devi Ram R/o Vill. Thawrikalam, Tehsil Chhindwada, Dist. Chhindwada (M.P.) 22. Smt. Jaiwanti W/o Late Tularam Yadav R/o Vill. Amreth, Tehsil Parasiya, Dist. Chhindwada (m.P.) 23. Ku. Manda Bai D/o Late Chindba R/o Ward No. 14, Near Cinema Talkies, Sousar, Tehsil Sousar, Dist. Chhindwada (M.P.) 24. Smt. Uma Digarse W/o Late Umesh Panwar R/o Vill. Ridhora Rayyat, Tehsil Parasiya, Dist. Chhindwada (M.P.) 25. Smt. Munni Namdev W/o Late Nandu Prasad R/o Ward No. 38, Talliya Mohlla, Parasiya, Dist. Chhindwada (M.P.) 26. Smt. Shamim Bano W/o Late Shekh Jalil R/o Near Bairier, Ward No.4, Shivpuri (Sirogora) Dist. Chhindwada (M.P.) 27. Smt. Ahilya Bai W/o Late Shobharam Panwar R/o Mordongri Khurd, Tehsil Parasiya, Dist. Chhindwada (M.P.) .Petitioners Versus 1. ICICI Lombard General Insurance Co. Ltd. General Insurance Co. Ltd. 11, Alankar Palace, Commercial Complex, Zone-11 MP Nagar, Bhopal- 462011 (M.P.) 2. Reliance General Insurance Co. Ltd. First Floor 16, Block C, Mansarovar Commercial Complex, Habib Ganj, Near Railway Station, Hoshangabad Road, Bhopal 462016 (M.P.) 3. Deputy Commissioner, Social & Justice Department, District Office, District Sagar (M.P.) 4. Deputy Commissioner, Social & Justice Department, District Office, Dist. Chhindwada (M.P.) .........Respondents REVISION PETITION NO.4139-4242 OF 2010 (Against the order dated 03.07.2010 in Appeal No.06, 19-50,99-169,102, 121-122 of 2010 of the State Commission, Madhya Pradesh) 1. Tulsi Bai W/o Late Sh. Laxman Salpute, R/o Village Chand, Tehsil Chourai, Dist. Chhindwada (M.P.) 2. Mukesh Kumar S/o Badriprasad, R/o Village Kumaharwara, Post Patori, Tehsil Bahoriband, Dist. Katni (M.P.) 3. Rani Bai W/o. Sh. Anand Naydu, R/o Ward No.5, Khalwara Kaimour, Dist. Katni (M.P.) 4. Ashok S/o Gore Lal Rai, R/o Village Amuwari, Post Mahgaon, Tehsil Vijayraghogarh, Dist. Katni (M.P.) 5. Ruksana Begam W/o Lt. Mohammad Nijam, R/o Ishwaripura, Ward No.24, Infron of Post Office, Katni, Dist. Katni (M.P.) 6. Savita Tiwari W/o Ganesh Tiwari, R/o Ward No.15, Amraiya Par, Rice Mill, Kaimour, Dist. Katni (M.P.) 7. Daduram Choudhary S/o Shri Badiya Or Badi Choudhary, R/o Village & Post Ubra, Tehsil Vijayraghogarh, Dist. Katni (M.P.) 8. Devidin S/o Ramkhilawan Badai, R/o Village Chari, Post Karitali, Tehsil Vijayraghogarh, Dist. Katni (M.P.) 9. Shyama Bai W/o Lt. Jamunaprasad Kushwah, R/o Jagmohandas Ward No.10, Katni, Dist. Katni (M.P.) 10. Savitri Bai Namdev W/o Shri Phool Chand Namdev, R/o Ward No.3, Bhatiya Mohalla, Near Sharmdham, Kaimour, Dist. Katni (M.P.) 11. Laichi Bai W/o Dayashankar Dahayat, R/o Village Sankui, Post Mukhari, Tehsil Dhimarkheda, Dist. Katni (M.P.) 12. Shushil Kumar S/o Shri Ratanlal Koul, R/o Ward No.18, Umariya Pan, Tehsil Dhimarkheda, Dist. Katni (M.P.) 13. Moliya Bai W/o Lt. Shri Sukhlal Koul, R/o Village Khirwakhurd, Post Hariya, Tehsil Vijayraghogarh, Dist. Katni (M.P.) 14. Jhalli Bai W/o Lt. Shri Moti Lal Kachwah, R/o Rajiv Gandi Ward, Near Mai River, Katni Dist. Katni (M.P.) 15. Suresh S/o Ram Kumar Koul, R/o Village Imliya, Post Bandhi, Tehsil Dhimarkheda, Dist. Katni (M.P.) 16. Anita Bai W/o Lt. Shri Gindu Bhumiya, R/o Village Lakhanwara, Post Tevri, Tehsil Bahoriband, Dist. Katni (M.P.) 17. Badanlal S/o Shri Gokaran Bega, R/o Village Babhara, Post Bahmani, Tehsil Dhimarkheda, Dist. Katni (M.P.) 18. Sunil Kumar S/o Shri Dhiraj Lal Pradhan, R/o Village Aamgawa, Tehsil Bahoriband, Dist. Katni (M.P.) 19. Khillo Bai W/o Ghasita Lodhi, R/o Village & Post Devri, Tehsil Bahoriband Dist. Katni (M.P.) 20. Shyam Lal S/o Shri Daliya Kumhar, R/o Village Parsel, Post Satdhara, Tehsil Dhimarkheda, Dist. Katni (M.P.) 21. Komal Bai W/o Shri Kamlesh Singh, R/o Village Dhabaiya (Harriya) Tehsil Vijayraghogarh, Dist. Katni (M.P.) 22. Urmila Bai W/o Lt. Shri Rajju or Raju Choudhary, R/o Village Devri Majhgawa, Tehsil Vijayraghogarh, Dist. Katni (M.P.) 23. Prem Lal Bhumiya S/o Shri Sipahi Lal Bhumiya, R/o Village Jijnodi, Post Gouraha, Tehsil Vijayraghogarh, Dist. Katni (M.P.) 24. Kesh Lal S/o Lt. Shri Mahesh Prasad Lodhi, R/o Village & Post Dasharman, Tehsil Dhimarkheda, Dist. Katni (M.P.) 25. Anjana Bai W/o Shri Kashi Ram Bhagwantkar, R/oHhanwanti Ward, 1, Pandurna, Tehsil & Dist. Chhindwada (M.P.) 26. Mahadev S/o Bajiram Mohbe, R/o Meghnath Ward, Pandurna, Dist. Chhindwada (M.P.) 27. Suresh Singh S/o Birju, R/o Village Bijori, Tehsil Parasiya, Dist. Chhindwada (M.P.) 28. Sangita W/o Shri Omkar, R/o Village Banka Nagpur, Tehsil Chourai, Dist. Chhindwada (M.P.) 29. Phoolwati Bai W/o Shri Krishna or Kisna, R/o Behind 132 K.V. Sub Station, Bijli Tola, Sarra, Tehsil & Dist. Chhindwada (M.P.) 30. Samkuriya Bai W/o Shri Panna, R/o Village Jhanda, Tehsil & Dist. Chhindwada (M.P.) 31. Savitri Bai W/o Sukh Dev Vishvkarma, R/o Village Bhajipani, Dist. Chhindwada (M.P.) 32. Tulsiya W/o Shri Mohan Kahar, R/o Village Kakai, Post Bohna Kheri, Tehsil & Dist. Chhindwada (M.P.) 33. Sumantra Bai W/o Shri Ram Prasad, R/o Village Kevlari, Post Kaparwadi, Tehsil & Dist. Chhindwa (M.P.) 34. Ramota Bai W/o Shri Manik Salame, R/o Village Bangaon, Tehsil Pandurna, Dist. Chhindwada (M.P.) 35. Nanho Yadav S/o Shri Tulsiram Yadav, R/o Village & Post Umegaon Bhaniskola, Tehsil & Dist. Chhindwada (M.P.) 36. Bali Ram S/o Shri Panchi Marskole, R/o Village Devnalal Mal, Post Siratha, Tehsil Pandurna, Dist. Chhindwada (M.P.) 37. Shobha W/o Shri Sheshrao Bhange R/o Dhanpeth Ward, Pandurna, Tehsil Pandurna, Dist. Chhindwada (M.P.) 38. Parvati Bai W/o Ramsu, R/o Village Kamthikala, Post Mangurli, Tehsil Pandurna, Dist. Chhindwada (M.P.) 39. Ankur S/o Narsu, R/o Village & Post Kodiya, Tehsil Pandurna, Dist. Chhindwada (M.P.) 40. Babu Lal S/o Shri Chokhe, R/o Village Sariyapura, Chandnaka, Dist. Chhindwada (M.P.) 41. Rama S/o Najju, R/o Village Hasberdi, Post Sousar, Tehsil & Dist. Chhindwada (M.P.) 42. Sukhwanti Bai W/o Siyaram R/o Village Sonkhar, Seoni Roda, Tehsil & Dist. Chhindwada (M.P.) 43. Asha Bai W/o Shri Ukadrao, R/o Village & Post Hivrasevardkar, Tehsil Pandurna, Dist. Chhindwada (M.P.) 44. Mamta W/o Shri Raj Kumar Verma, R/o Village Nayegaon, Post Umariya Dist. Chhindwada (M.P.) 45. Ram Das Choukikar, R/o Village Umarikhurd, Post Mangurli, Tehsil Pandurna, Dist. Chhindwada (M.P.) 46. Saraswati W/o Lt. Shri Vishok Yadav, R/o Village Megha Sivni, Tehsil & Dist. Chhindwada (M.P.) 47. Punaram S/o Mehtab Baghel, R/o Vilalge Imliya Bohta, Tehsil & Dist. Chhindwada (M.P.) 48. Lanki Bai or Lakhi W/o Lt. Shri Siri Or Shree Ram, R/o Village Adwar, Post Turki Khapa, Block Mohkhed, Dist. Chhindwada (M.P.) 49. Jagola S/o Lt. Shri Mahajan, R/o Village Temni Khurd, Post Sanwri Bajar, Dist. Chhindwada (M.P.) 50. Koshlya Bai W/o Shri Sukhdev Thage, R/o Tilak Ward, 11, Pandurna, Dist. Chhindwada (M.P.) 51. Dummo Bai W/o Shri Biju, R/o Village Rajdongri, Tehsil Pandurna, Dist. Chhindwada (M.P.) 52. Munaiya W/o Shri Lakhamiprasad, R/o Village Sanwari, Tehsil & Dist. Chhindwada (M.P.) 53. Dharmendra Shukla S/o Shri Ganesh Prasad Shukla R/o Ward No.5, Indra Colony, Gram Panchaya Linga, Dist. Chhindwada (M.P.) 54. Sona Bai W/o Shri Jwala Singh R/o Near Pataleshwar Railway Colony, Chhindwada, Chhindwada (M.P.) 55. Lakshmi Bai W/o Shri Ramesh Singh, R/o Rajiv Gandhi Ward, Sousar, Tehsil Sousar, Dist. Chhindwada (M.P.) 56. Vaishali W/o Shri Munna Mohje, R/o Village Bothiya, Post Aamangaon, Tehsil Pandurna, Dist. Chhindwada (M.P.) 57. Babli Bai W/o Shri Anand or Baba R/o Indira Aawas Colony, Chandan Gaon, Tehsil & Dist. Chhindwada (M.P.) 58. Govind S/o Shyam Ji, R/o Village Mohpani Mal, Post Bhimalgodi, Tehsil Bichhua, Dist. Chhindwada (M.P.) 59. Bisniya bai W/o Shri Jhanak, R/o Purani Basti Chikaumau Road, Jaunnardev, Tehsil Junnardev, Dist. Chhindwada (M.P.) 60. Koudi Bai W/o Shri Pitar Lal, R/o Village Dongartemni, Post Padhangogri, Dist. Chhindwada (M.P.) 61. Sunita Bai W/o Shri Sahadev or Satyadev R/o Village Sousar, Kabir Ward No.2, Tehsil Sousar, Dist. Chhindwada (M.P.) 62. Kishan Lal S/o Shri Parasram, R/o Village Sarora, Post Chiklikala Dist. Chhindwada (M.P.) 63. Jamna Bai, R/o Dist. Chhindwada (M.P.) 64. Guddi Bai W/o Lt. Shri Nasir Khan R/o Ward No.15, Najir Ki Bagiya, Sevda, Datiya, Dist. Datiya (M.P.) 65. Chanda W/o Lt. Shri Devi Lal, R/o gonad Mohalla, Ward No.29, Datiya, Dist. Datiya (M.P.) 66. Meena Ahirwar W/o Shri Janki Prasad Ahirwar, R/o Chungar Phatak, Datiya, Dist. Datiya (M.P.) 67. Anita W/o Shri Mahesh Kumar Chouriya R/o Chota Bajar, Near Panchi Ke Maha Dev, Datiya, Dist. Datiya (M.P.) 68. Aarti W/o Shri Basant Kumar Napit R/o In front of Anand Talkies, Tiwari Street, Datiya, Dist. Datiya (M.P.) 69. Raghuvirsharan Sirotiya S/o Shri Ramcharan Sirotiya, R/o Tholipura, Ward No.18, Datiya, Dist. Datiya (M.P.) 70. Dhaniya Bai W/o Shri Munna Lal Choursiya, R/o Chota Bajar, Near Panchi ke Mahadev, Datiya, Dist. Datiya (M.P.) 71. Khumano Bai W/o Shri Hari Ram Kishwah, R/o Patthapura, Ward No.7, Datiya, Dist. Datiya (M.P.) 72. Krishna Banjare S/o Shri Saharu Lal, R/o Damoh Ward No.14, Janpad Panchayat Birsa, Dist. Balaghat (M.P.) 73. Surpat S/o Shri Bhanwar Singh, R/o Village Mukki, Janpad Panchayat Baihar, Dist. Balaghat (M.P.) 74. Kunwar Lal S/o Shri Dasha Ram, R/o Village Jamdimeta, Janpad Panchayat Kirnapur, Dist. Balaghat (M.P.) 75. Sevak Ram S/o Shri Purandas, R/o Village Jamdi, Dist. Balaghat (M.P.) 76. Meera Bai W/o Shri Saligram, R/o Village Kareli, Janpad Panchayat Baihar, Dist. Balaghat (M.P.) 77. Dulan Bai W/o Shri Bhewaram, R/o Village Mohgaon, Tehsil & Dist. Balaghat (M.P.) 78. Dirja Bai W/o Shri Dhanraj or Bulla, R/o Village Bijora, Janpad Panchayat Baihar, Dist. Balaghat (M.P.) 79. Uday Lal S/o Shri Gokul, R/o Saleteka, Dist. Balaghat (M.P.) 80. Radheshyam S/o Shri Omkar Prasad, R/o Village Pachpedi, Tehsil & Dist. Balaghat (M.P.) 81. Shrichand S/o Shri Mool Chand, R/o Village Kosumba, Tehsil Katangi, Dist. Balaghat (M.P.) 82. Geeta Bai W/o Shri Nitesh, R/o Ward No.13, Ganganagar, Balaghat, Dist. Balaghat (M.P.) 83. Bhikham Lal S/o Shri Tula Ram R/o Village Railwahi, Latkantola, Tehsil Birsa, Dist. Balaghat (M.P.) 84. Kunni Bai W/o Shri Aasdu, R/o Village Gurrakhari, Post Aamgaon, Tehsil Baihar, Dist. Balaghat (M.P.) 85. Gyaneshwar S/o Shri Sant Lal, R/o Village Moda, Tehsil Kirnapur, Dist. Balaghat (M.P.) 86. Indira Bai W/o Shri Prem Singh R/o Village Katangi Bhu, Tehsil Baihar, Dist. Balaghat (M.P.) 87. Anjana Bai W/o Shri Vishnu, R/o Nilagondi (Kandri Kala) Tehsil Kirnapur, Dist. Balaghat (M.P.) 88. Sugan Bai W/o Shri Nannu Singh, R/o Village Katangi Bhu, Tehsil Baihar, Dist. Balaghat (M.P.) 89. Shakuntala Bai W/o Shri Shiv Lal, R/o Village Khara, Tehsil Kirnapur, Dist. Balaghat (M.P.) 90. Duli Chand S/o Shri Mohar Lal, R/o Village Sonwani, Janpad Panchayat Paraswada, Dist. Balaghat (M.P.) 91. Jhankari Bai W/o Shri Sukh Chandra, R/o Ward No.1 Sing Bag, Baihar, Dist. Balaghat (M.P.) 92. Chain Lal S/o Shri Bhima Pache, R/o Village Benegaon, Balaghat, Dist. Balaghat (M.P.) 93. Ram Khilawan Kaul S/o Itwari Kaul R/o Ward No.7, Barapar, Kaimaur, Dist. Katni (M.P.) 94. Somwati Bai W/o Shri Kuni Lal Kaul, R/o Sakin Sankui, Post Mukhari, Tehsil Dhimarkheda, Dist. Katni (M.P.) 95. Dulari Bai W/o Shri Kalu Ram Kaul, R/o Village & Tehsil Dhimarkheda, Dist. Katni (M.P.) 96. Geeta Bai W/o Shri Angad Prasad, R/o Village Hardi, Post Pan, Tehsil Dhimarkheda, Dist. Katni (M.P.) 97. Parvati Bai W/o Shri Ganesh Prasad Lodhi R/o Village Dihunta, Post Gatakheda, Tehsil Bahoriband, Dist. Katni (M.P.) 98. Rakhi Bai W/o Shri Ramswarup or Munna Lal R/o Village & Post Pindrai, Tehsil Dhimarkheda, Dist. Katni (M.P.) 99. Kafiya Begam W/o Mohammad Ayaj, R/o Ward No.2, Bhatiya Mohalla, Near Shram Dham, Kaimour, Dist. Katni (M.P.) 100. Saukhi Lal Vanshkar S/o Shri Nomidin Vanshkar, R/o Jhara Tikuriya, Forester Ward, Katni, Dist. Katni (M.P.) 101. Dhan Singh Gaur S/o Shri Gokul Singh Gaur, R/o Village Kachnari, Post Pali, Tehsil Dhimarkheda, Dist. Katni (M.P.) 102. Kusum Bai Ahirwar W/o Shri Dhani Ram Ahirwar, R/o Chhallapura, Datiya, Dist. Datiya (M.P.) 103. Girija Devi Jamadar W/o Shri Kailash Jamadar, R/o Ward No.15, Near Galla Mandi, Sevda, Dist. Datiya (M.P.) 104. Sunita Kewat W/o Shri Shyamu Kewat, R/o Hada Pahad, Ward No.3, Datiya, Dist. Datiya (M.P.) Petitioners Versus 1. ICICI Lombard General Insurance Co. Ltd. 11, Alankar Palace, Commercial Complex, Zone-2, MP Nagar, Bhopal- 462011 (M.P.) 2. Reliance General insurance Co. Ltd. First Floor 16, Block C, Mansarovar Commercial Complex, Habib Ganj, Near Railway Station, Hoshangabad Road, Bhopal- 462016 (M.P.) 3. Deputy Commissioner, Social & Justice Department, District Office, District Chhindwada (M.P.) 4. Deputy Commissioner, Social & Justice Department, District Office, District Balaghat (M.P.) 5. Deputy Commissioner, Social & Justice Department, District Office, District Katni (M.P.) 6. Project Officer, District Urban Development Agency, District Office, District Datiya (M.P.) 7. Project Officer, District Urban Development Agency, District Office, District Balaghat (M.P.) 8. Project Officer, District Urban Development Agency, District Office, District Chhindwada (M.P.) 9. Project Officer, District Urban Development Agency, District Office, District Katni (M.P.) .Respondents AND REVISION PETITION NO. 543-551 OF 2011 (Against the order dated 23.10.2010 in Appeal No.683-691of 2010 of the State Commission, Madhya Pradesh) 1. Smt. Chhaya Bai W/o Sh. Kamal Goud, R/o Village Mukam, Post Rahatgaon, Tehsil Timarni, Dist. Harda (M.P.) 2. Sh. Reva Ram S/o Sh. Babu Lal, R/o Village Bhunnas, Tehsil Harda, Dist. Harda (M.P.) 3. Sh. Ahok S/o Sh. Lakshminarayan Rathore, R/o Ward No.15, Pardeshipura, Timarni, Tehsil Timarni, Dist. Harda (M.P.) 4. Sh. Moti S/o Sh. Kishan, R/o Ward No.5, Harijan Ward, Khirkiya, Tehsil Khirkiya, Dist. Harda (M.P.) 5. Smt. Janki Bai W/o Sh. Dinesh, R/o Village Karanpura, Post Sonta Lal, Tehsil Handiya, Dist. Harda (M.P.) 6. Smt. Chinta Bai W/o. Sh. Badri Prasad, R/o Village Dagava Shankar, Post Gahal, Tehsil Harda, Dist. Harda (M.P.) 7. Sh. Rameshwar S/o Ganga Ram Vishvkarma, R/o Village Dagava Neema, Post Charkheda, Tehsil Harda, Dist. Harda (M.P.) 8. Sh. Anokhi Lal S/o Sh. Lacchi Ram R/o Village Nayapura, Post Handiya, Tehsil Harda, Dist. Harda (M.P.) 9. Smt. Bundo Bai W/o Sh. Such Ram Ojha, R/o Village Najarpura, Post Rahatgaon, Tehsil Timarni, Dist. Harda (M.P.) Versus 1. ICICI Lombard General Insurance Co. Ltd. Through Assistant Manager, 202-212, Commerce House, Second Floor, Race Course Road, Indone (M.P.) 2. Deputy Commissioner, Social & Justice Department, District Office, District Harda (M.P.) 3. The Deputy Director, Panchayat and Social Justice Department, District Office, Harda, District Harda ..Respondents BEFORE: HON'BLE MR. JUSTICE R.K. BATTA, PRESIDING MEMBER HONBLE MR. VINAY KUMAR, MEMBER For the Petitioners : Mr. Abhinav Malhotra, Advocate RP 3118 to 3144 of 2010 With Ms. Mona Paliwal, Advocate RP 4139 to 4232 of 2010 RP 543 to 551 of 2011 For the Respondent No.1: Mr. D. Varadarajan, Advocate RP 3118 to 3144 of 2010 With Mr. Aditya Sharma, Advocate RP 4139 to 4232 of 2010 RP 543 to 551 of 2011 For the Respondent No.2: Mr. Sameer Nandwani, Advocate RP 3118 to 3144 of 2010 RP 4139 to 4232 of 2010 For the Respondent No.3 & 4: NEMO RP 3118 to 3144 of 2010 PRONOUNCED ON: 5th August, 2011 ORDER
PER MR.VINAY KUMAR, MEMBER These are a set of 140 Revision Petitions, listed in the three groups as Lakshmi Bai and others, Chaya Bai and others and Tulsi Bai and others. The petitioners were complainants before the concerned district fora. The respondent in all these cases are ICICI Lombard General Insurance Co. Ltd. & Ors (hereinafter referred to as ICICI LGIC), who were OPs before the district fora.
2. All the Cases pertain to claims of insurance cover of Rs.50,000/- in the event of death, under the Vivekananda Insurance Scheme of the Government of Madhya Pradesh, implemented by the respondent/Insurance Companies. This scheme was evolved for the protection of the persons below the poverty line and in the age group of 18 to 65 years. In the event of death or permanent incapacitation of any such person, the Insurance Company designated for the district concerned, was required to pay a sum of Rs.50,000/-. The claims were to be considered in consultation with the Nodal Officer of the district.
3. The scheme also contemplated that the Insurance Company for the district will be responsible for obtaining the claims through the designated local officers and for making the payment within a period of 15 days.
Delaying of the decision, either on the ground of absence of final report in the FIR, filing of charge-sheet, postmortem report etc. was specifically disallowed, under the scheme.
4. In some of these cases, consumer complaints have been filed after lapse of more than two years from the death of the concerned individual. The district fora came to the conclusion that the cause of action arose on the date of death and therefore, the complaint is barred by limitation under Section 24-(A) of the Consumer Protection Act, 1986. Accordingly, all such complaints have been dismissed by the concerned district fora. Appeals against dismissal of these complaints, have been considered by the M.P. State Consumer Disputes Redressal Commission. The State Commission has noted that provision in Section 24-A itself allows the complaint to be filed beyond the period of limitation, if the complainant is able to satisfy the forum about the reasons that caused such delay.
5. In the matter of Lakshmi Bai Vs. ICICI LGIC, the State Commission has noted that the insured had died on 17.5.2006 and the Nodal Officer forwarded the complete claim form to the Insurance Company on 21.6.2006. The Insurance Company was required to settle the claim within 15 days i.e. 6.7.2006. The State Commission therefore, observed that even with reference to 6.7.2006, the date of consumer complaint filed on 17.9.2009, would be more than three years and therefore, barred by limitation. Therefore, the State Commission dismissed the appeals of the Complainants.
6. In Tulsi Bai and others Vs. ICICI Lombard General Insurance Co. Ltd. & Ors, the State Commission has observed that some of the appellants have sought condonation of delay on the ground of their poverty and ignorance, as reasons for not approaching the District Forum in time.
Such plea has been rejected by the State Commission as not acceptable in explanation of the delay. Hence, the appeals have been dismissed by the State Commission. Similarly, in Chaya Vs. ICICI Lombard General Insurance Co. Ltd. & Ors., the State Commission has dismissed the appeals on the ground of that no justification was offered for the delays ranging from 7 months and one and a half years, which could be considered for acceptance under Section 24-A of the Consumer Protection Act.
7. These revision petitions have been filed on behalf of the complainants alleging that their petitions has been dismissed on erroneous application of the legal principle of commencement of cause of action and not on merits. The matter was heard on 6.12.2010 and reserved for orders. In the meanwhile, an application was received from respondent No.2, Reliance General Insurance Company and, in the interest of justice, it was decided to give them an opportunity to be heard. The matter was finally heard on 13.07.2011. We have also perused the documents filed by the two sides.
8. It has been argued on behalf of the petitioners that the Complainants are required to inform the Nodal Officer about the incident of death or incapacitation, as the case may be. Date wise details have been filed in support of the assertion that the claims were not only made but also scrutinized by the nodal officers and sent to the respondents. Thereafter, until the payment of the sum assured, it remains a case of continuous cause of action. It was further argued that, in the event of rejection of the claim, the cause of action would again arise from the date of such rejection.
9. Per contra, the report filed on behalf of respondent-1/ICICI Lombard, would have us believe that in most of these cases, the claims were filed after the prescribed time limit and in some, after the scheme had ended. These details may give some idea of what may have happened. But, they certainly cannot upset the findings of the fora below on the fact of delay in the cases of the individual petitioners.
10. The term cause of action, as observed by Hble Supreme Court of India in Kandimalla Raghavaiah and Co. Vs. National insurance Co. Ltd. III (2009) CPJ 75 (SC), has not been defined under the Consumer Protection Act, 1986 nor in the Code of Civil Procedure but is of wide import. It has different meanings in different contexts, that is when used in the context of territorial jurisdiction or limitation or the accrual of right to sue. Generally, it is described as bundle of facts, which if proved or admitted entitle the plaintiff to the relief prayed for. Pithily stated, cause of action means the cause of action for which the suit is brought. Cause of action is cause of action which gives occasion for and forms the foundation of the suit. In the context of imitation with reference to a fire insurance policy, undoubtedly, the date of accrual of cause of action has to be the date on which the fire breaks out.
11. Similarly, in State Bank of India Vs. B S Agricultural Industries, II (2009) CPJ 29 (SC), Honble Apex Court has laid down that:
It would be seen from the aforesaid provision that it is peremptory in nature and requires Consumer Forum to see before it admits the complaint that it has been filed within two years from the date of accrual of cause of action. The Consumer Forum, however, for the reasons to be recorded in writing may condone the delay in filing the complaint if sufficient cause is shown. The expression, shall not admit a complaint occurring in section 24-A is sort of legislative command to the Consumer Forum to examine on its own whether the complaint has been filed with the limitation period prescribed hereunder. As a matter of law, the consumer forum must deal with the complaint on merits only if the complaint has been filed within two years from the date of accrual of cause of action and if beyond the said period, the sufficient cause has been shown and delay condoned for the reasons recorded in writing. In other words, it is the duty of the Consumer Forum to take notice of section 24-A and give effect to it. If the complaint is barred by time and yet, the Consumer Forum decides the complaint on merits, the Forum would be committing an illegality and, therefore, the aggrieved party would be entitled to have such order set aside.
12. Accordingly, in the present matter, the question of limitation and that of accrual of the cause of action, has to be considered in the light of the nature of the scheme. We have mentioned its salient aspects in an earlier para of this order. The entire process contemplated therein is a brief one and starts only with the event of death/incapacitation of the beneficiary. Clearly therefore, the cause of action, for the purposes of Section 24-A of the Consumer Protection Act 1986, arises on the date of death. In so far as the Respondent/insurance companies are concerned, there can be no cause of action if no claim is made under the Scheme. In cases where such a claim is made i.e. forwarded by the nodal officer to the Respondent, the latter are given 15 days, under the Scheme, to make the payment.
13. The cases where such payment is not made, would fall in one of the following categories
1). Where no claim is made either with nodal officer or the Insurance Company, within 2 years of date of death such claims shall be barred by limitation.
2). Cases where claim is made to nodal officer or nodal officer has forwarded the claim to Insurance Company or claim has been directly filed with Insurance Company within 2 years of the death and the claim has remained undecided. In such a case the cause of action will continue till the day the Respondent/insurance company pays or rejects the claim.
3). In a case where the claim is rejected by the Respondent/insurance company, the cause of action arises again from the date of such rejection.
14. In the above cases, the remedy under the Consumer Protection Act 1986, cannot be barred on the ground that the jurisdiction of the consumer fora was not invoked within two years from the date of death/incapacitation. Any contrary view in the matter, will result in the claimant/consumer being penalized for the delay caused by the Respondent/insurance company.
15. The revision petitions are accordingly, disposed of in the above terms. The cases falling in the categories mentioned above stand remanded to the concerned District fora for consideration afresh, in the light of the above observations. The parties shall bear their own costs.
Sd./-.
(R.K.BATTA, J.) PRESIDING MEMBER ..Sd./-
(VINAY KUMAR) MEMBER S./-