State Consumer Disputes Redressal Commission
Divisional Manager, National ... vs Smt. Sunila Devi, on 12 May, 2011
Daily Order
STATE CONSUMER DISPUTES REDRESSAL COMMISSION BIHAR, PATNA RAJY AAYOG (First. Floor), R. Block Rd. No.-2, Patna-800001 First Appeal No. A/306/2008 (Arisen out of Order Dated 08/02/2008 in Case No. CC/85/2005 of District Samastipur) 1. Divisional Manager, National Insurance Company Ltd., Kolkatta & another BEFORE: HONABLE MR. JUSTICE SUBHASH CHANDRA JHA PRESIDENT HON'ABLE MRS. RENU SINHA MEMBER PRESENT: ORDER
Date of order: 12 -05-2011 S.C. JHA, PRESIDENT This appeal has been directed against the order dated 08-02-2008 passed in Consumer Complaint No. 85/2005 by the learned District Consumer Disputes Redressal Forum, Samastipur (hereinafter to be referred to as District Forum) whereby and whereunder the appellant-National Insurance Company, who was O.P.No.2 was held deficient in providing service and as such, was directed to pay Rs. five lacs along with interest of Rs. 1,62,500/- computed @ 10% from October,2004 to January,2007 and also Rs. 10,000/- by way of compensation for mental and financial harassment with litigation cost of Rs. 2000/-, in all Rs. 6,74,700/- within 45 days from the date of passing of the order, failing which interest @ 10% per annum till realization is to be realized from them.
2. Heard the learned counsel of both sides and perused the order impugned, which seems to have been passed by the two members of the District Forum.
3. A complaint was filed by Smt. Sunila Devi, the complainant stating therein that late Nawal Kishore Mishra got his insurance cover of Rs. five lacs from the appellant on 25-03-2004 on payment of premium of Rs. 1687/- in token of which a receipt was granted along with certificate in which the complainant Mrs. Sunila Devi was shown as nominee of the deceased, who happens to be daughter of the deceased.
4. Thereafter, her father, namely, Nawal Kishore Mishra died on 15-05-2004 due to snake bite and such information of death was orally given to O.P.No.1, Golden Trust Financial Services (in short GTFS) and as such, relevant documents were called for. The GTFS did not pay any heed in providing her relevant papers of the insurance and policy bond, which was, of late, delivered on 05-07-2005. Thereafter, the complainant presented her claim along with papers on 21-09-2004 in the office of GTFS, which was transmitted in the office of the Insurance Company but in vain although she made efforts for the same. Ultimately, a complaint as stated above, was filed. The complainant has filed relevant papers of insurance cover, death certificate granted by Mukhiya and Medical Officer etc. The GTFS and another O.P., no doubt, made their appearance and filed their written statement repudiating the claim of the complainant on the ground of its maintainability and also being time barred. It was also contended that there are agreement between GTFS and Insurance Company and as such, in terms of that agreement, the complainant had to lay her claim for receipt of her insurance amount from the Insurance Company. The appellant, who was O.P.No.2 in the District Forum also appeared and contested the matter and repudiated the claim on the ground of claim being time barred, defective and filed with ulterior motive as also on the ground that death of the insured was not communicated to the appellant, which ought to have been filed within one month from the date of death of the insured. It was also repudiated on the ground of postmortem having not been held as also on the ground of absence of relevant papers from the hospital, besides the fact that FIR too was lodged after 35 days of such death. In additional to that the death of the insured due to snake bite was also repudiated.
5. Other contesting O.Ps. are O.P.No.1 & 3 also filed their respective written statement but the present appellant- National Insurance Company did not bother to contest the matter diligently rather on cost being levied, filed their written statement. Even after hearing the argument in part, the present appellant went on filing petitions and inspite of cost being levied on two dates, the position did not improve and the learned counsel for the appellant did not participate in final argument, with the result that petition seeking adjournment had to be rejected and the matter was taken up for disposal after hearing the complainant and O.P.No.1 & 3.
6. The learned District Forum on consideration of material on the record had held that the date of commencement of insurance cover was 25-03-2004 whereas the death occurred on 15-05-2004. The complainant got relevant papers of insurance cover on 05-07-2004 and steps for payment were taken and ultimately complaint was filed on 12-12-2005. The insurance cover was Janta Personal Accident Insurance Policy, which was valid from 31-03-2004 to 30-03-2016 signed by O.P.No.1 and 2. The insured was 57 years old in which nominee Mrs. Sunila Devi was complainant entered.
7. The present appellant, who were O.P.No.2 there did not produce any evidence in support of their repudiation of claim rather as indicated from the impugned order, their attitude in participation of the proceeding in the complaint case was negative, which only believed in seeking adjournment. The learned District Forum has, thus, held that non-participation of the learned counsel of the appellant in the whole stage of proceeding inspite of cost being levied and indifferent attitude in contesting the matter, were indicative of the fact that the appellant were not interested in presenting and pursuing their case in right earnest, although 18 adjournments were given but all went in vain. Ultimately, the matter has to be heard and decided on the basis of material on the record and on consideration of submissions advanced before the District Forum by the learned counsel representing their parties.
8. The learned District Forum on consideration of material before them have held that there was no negligence or deficiency on the part of O.P.No.1 & 3 in providing their service rather it was O.P.No.2, the present appellant-Insurance Company, which was held to be deficient in providing service and as such, the order impugned was passed.
9. The learned counsel for the appellant submitted that there was delay of three months in lodging of the FIR for which no explanation was offered. The date of incident as per their evidence is 19-05-2004, which is not correct.
10. So far, the death due to snake bite is concerned, we want to make it clear that it comes within the purview of accidental death. Normally, an FIR is lodged only in respect of commission of cognizable offence and the Police is not required to lodge FIR in respect of death in snake bite and commence investigation. So, lodging of FIR within time or after some time is irrelevant. In case of such snake bite, normally, in rural areas of Bihar, no such postmortem is being held nor Hospital authorities allows for holding of such postmortem examination of dead body unless it is referred to and brought to the hospital by some police authority. So, on the ground of absence of any postmortem, the claim of the complainant cannot be repudiated. The learned District Forum seems to have examined the relevant papers, which were in form of insurance cover, death certificate granted by Mukhiya, Medical Certificate, police report. etc. and whereas nothing was produced on behalf of the present appellant in the District Forum so as to disallow the claim of the complainant-respondent.
11. The judgement passed by the learned District Forum seems to be well considered on facts, evidence, materials and circumstance of the case, which do not require any interference in view of the fact that the appellant were thoroughly negligent, non-cooperative, who did not even care or bother to produce any evidence or argue the case.
12. In the circumstance, we concur with the finding of the learned District Forum and thus, do not find any merit for setting aside the impugned order, which is upheld.
13. In the result, the appeal stands dismissed. [HONABLE MR. JUSTICE SUBHASH CHANDRA JHA] PRESIDENT [HON'ABLE MRS. RENU SINHA] MEMBER