State Consumer Disputes Redressal Commission
Kamal Suryabhan Kachkure vs Oriental Insurance Co Ltd on 8 May, 2024
1 A/483/2020
Date of filing: 05.11.2020
Date of order: 08.05.2024
MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL
COMMISSION,MUMBAI, BENCH AT AURANGABAD.
FIRST APPEAL NO. : 483 OF 2020
IN COMPLAINT CASE NO.: 742 OF 2019
DISTRICT CONSUMER COMMISSION : AURANGABAD.
Kamal Wd/o Suryabhan Kachkure, Appellant
R/o Shendra Kamangar, (Adv.P.A.Kuber)
Tq- & Dist. Aurangabad.
VERSUS
Oriental Insurance Company Ltd,. Respondent
321/A/2, Oswal Bandhu Samaj Building, (Adv.P.M.Hiwale)
J.N.Raod, Opp.Hotel Seven Lovers, Pune
Through its Divisional Office No.2.
3rd floor, ABC East, Beside Prozon Mall Cidco,
MIDC area, Chikalthana, Aurangabad.
CORAM: M.S.Sonawane, Hon'ble Presiding Member.
Dr.Nisha.A.Chavhan, Hon'ble Member.
Nagesh C.Kumbre, Hon'ble Member.
JUDGMENT
(Delivered on 08/05/2024) Per Dr.Nisha Amol Chavhan, Hon'ble Member.
The Appellant has challenged in this appeal, the Order and Judgment passed by the Ld. District Consumer Disputes Redressal Commission, Aurangabad dated 6/08/2020 in CC. No. 742/2020.
2. The facts giving rise to this appeal are as under.
2 A/483/2020
3. Appellant submitted that, on 25/12/2017, husband of the appellant namely, Suryabhan M. Kachkure was cultivating the land Gat No. 646 owned by shailesh kathod, situated near beed bye-pass road, Aurangabad on the batai basis. Appellant & her husband were residing in the said land sine a year. On 25/12/2017, son of the appellant approached to the well situated at Gat No.464 for starting electric motor, he found the dead body of his father i.e. the husband of appellant float on water in the well. After completion of enquiry, the investigating agency concluded that, the death of appellant's husband has occurred due to accidental drowning.
4. Appellant submits that, appellant's husband having owned 20 R land Gat No. 143/1 situated at village Shendra Kamangar, said land was recorded in his favour since 2008 as per the sale- deed dated 7/3/2008. For the welfare of the farmer, Maharashtra Government has granted sanction to start "farmers personal Accident Insurance Scheme" with effect from 2005. Maharashtra Government issued Vide G.R. dated 5/12/2017, and grant sanction to continue the scheme for the period of 8/12/2017 to 7/12/2018. Accordingly deceased was the insured of the policy at the time of his death. After the death of the d appellant's husband, said land was recorded in 3 A/483/2020 favour of appellant and other legal hairs, as per 6-Complainant Entry No. 194 and M.E.No.4452.
5. Appellant further submitted that, after the death of her husband, she approached for the insurance claim but in spite of submission of 6-C and legal heirs' mutation entry, again insurance company insisted for same deficiency. Therefore appellant has submitted both documents along with the representation dated 20/12/2018 in the office of District Agriculture Officer, Aurangabad. Inspite of submission of 6-C legal hairs mutation entry, again insurance company insisted for same deficiency.
6. During the pendency of her claim, investigating offices have completed the investigation and submitted its report in the office of Ld. Special Executive Magistrate /Assistant Police commissioner, CIDCO division Aurangabad. After verifying the report, Special Executive Magistrate concluded that death of appellant's husband occurred due to accidental drowning. On 2/1/2019, again appellant forwarded representation by post to the respondent with request to consider and pay the claim within one month as per the scheme.
7. Appellant further submitted that, inspite of submission of all documents; respondent has not paid any heed to the 4 A/483/2020 appellant. Therefore appellant filed consumer complaint No. 742/2019 before the Ld. District Consumer Redressal Commission, Aurangabad on 16/9/2019 claiming amount of insurance along with interest and cost.
8. Appellant further also submitted that, Ld. District Consumer Redressal Commission, Aurangabad dismissed the complaint only on the ground that, appellant failed to prove accidental death of her husband and also failed to submit cause of death certificate.
9. Being aggrieved and dissatisfied with the judgment and order on dated 6/8/2020, passed by Ld. District Consumer Redressal Commission, Aurangabad, appellant filed this appeal before this commission.
10. Adv. P.A. Kuber appeared for appellant. Adv. P.M. Hiwale appeared for respondent. On 4/4/2024, Ld. Adv. P.A. Kuber has submitted that his written notes of argument be treated as his oral argument. Accordingly we heard both sides as well as perused the record.
11. Ld. Adv. P.A. Kuber has submitted that death of the appellant's husband is accidental but respondent denied that fact and said that death is suicidal or accidental it was not proved. Ld. Adv. P.A. Kuber has further submitted that the 5 A/483/2020 onus to prove that death of deceased was suicidal upon respondent. Respondent has not filed any evidence on record to prove that death of deceased was suicidal.
12. Ld. Adv. P.M. Hiwale has submitted that reason of the death is not clear; the doctor also reserved his opinion. The doctor also suggested to the investigation officer to submit peace of CTENM FOR DIATOM test and also order to submit the five litter water from the well routine viscera pressured for chemical analysis. But appellant has not submitted any medical report before Ld. District Commission therefore Ld. District Commission rejected the claim of the appellant. As well as appellant has not submitted any proposal to the Taluka Krushi Adhikari or superintendent of agriculture officer with proper documents, there is no deficiency on the part of the respondent.
13. Additionally, on 30/4/2024, Ld. Adv. Hiwale submitted that case is not an accidental and the person who is died was not doing any agriculture work, on the contrary the final report submitted by Assistant police commissioner Aurangabad on 22/5/2018, showed that no any complaint received from any person, viscera sent for analysis , opinion reserved. It means we could not come to the conclusion that death was accidental.
6 A/483/2020 The statement given by the wife of Deceased namely Kamalabai S.Kachkure, stated before the police that, her husband and she cultivated the land of shailesh Khatod near Beed By pass Road, they are living in tent shed, she having two sons, one is married and one is living at village. She also stated that, her husband sometimes living alone and he was habit of liquor and also in a drinking condition he used to go his relative house for some days. Therefore it is clear that, that was an accident while doing agricultural work, therefore the said case does not come under the terms and conditions of Gopinath Munde Shetkari Apghat Vima Yojna, so there is completely breach of terms and conditions, so appeal may be kindly be dismissed with cost.
14. We perused the record and also heard the ld. Counsels. This commission has made following observation.
OBSERVATION
15. Against this background, we perused the copy of the Complaint and written version given by the Appellant in original proceedings before the District Consumer Commission Aurangabad. We have also gone through the impugned judgment. It is found that, there is error committed by the Ld. District Consumer Commission Aurangabad on the factual aspects.
7 A/483/2020
16. It is admitted fact that, deceased was farmer and he had owned 20 R land Gat No. 143/1 situated at village Shendra Kamangar, said land was recorded in his favour since 2008 as per the sale-deed dated 7/3/2008. Maharashtra Government has granted sanction to start "farmers personal Accident Insurance Scheme" with effect from 2005. Maharashtra Government issued Vide G.R. dated 5/12/2017, please to grant sanction to continue the scheme for the period of 8/12/2017 to 7/12/2018. Accordingly appellant's husband was the insured of the policy at the time of his death.
17. During the pendency of her claim, investigating offices have completed the investigation and submitted its report in the office of Ld. Special Executive Magistrate /Assistant Police commissioner, CIDCO division Aurangabad. After verifying the report, Special Executive Magistrate concluded that death of deceased was due to accidental drowning.
18. we perused the additional argument which has been filed on record to the Adv. Hiwale on dated 30/4/2024 as we opined that though the deceased was habited to drunk but before death he was drunk or not, it was not proved as well as there is no evidence produce on record about the consumption of liquor when he was drawn on water, therefore his contention is not 8 A/483/2020 relevant here as well as Ld. Adv. Hiwale, himself admitted that death was an accident while doing agricultural work, (mentioned in last Para of additional argument, page no.4, line No12.) Therefore we conclude that, death of the appellant's husband caused due to drowning and she is entitled to get the benefits of the insurance policy.
19. In view of the above, impugned judgment and order dated 6/8/2020; passed by the Ld. District Consumer commission Aurangabad in C.C. No.742/2019 is quashed and set aside. It is directed to the respondent to pay to the appellant of Rs.2, 00,000/-with 9% per annum interest from the date of the submission of proposal i.e. 22/2/2018. As well as directed to pay to the Appellant of Rs.15, 000/- for the cost of appeal.
20. In view of the above discussion and the reasoning we are of the opinion that the appeal is allowed. Hence we pass the following order.
ORDER
1. Appeal is allowed.
2. The impugned judgment and order dated 6/8/2020, passed by the Ld. District Consumer commission Aurangabad in C.C. No.742/2019 is quashed and set aside.
3. It is directed to the respondent that, to pay to the appellant of Rs.2,00,000/- with 9% per annum interest 9 A/483/2020 from the date of the submission of proposal i.e. 22/2/2018.
4. Respondents are directed to pay to the Appellant of Rs.15,000/- for the cost of appeal.
5. Copies of the judgment are supplied to both the parties free of cost.
Place: - Aurangabad.
Date: - 08/05/2024.
N.C.Kumbre Dr.N.A.Chavhan M.S.Sonawane
Member Member Presiding Member
UNK