State Consumer Disputes Redressal Commission
The Service Co-Operative Society ... vs Manual Sahu, on 2 February, 2023
Cause Title/Judgement-Entry IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION ODISHA, CUTTACK First Appeal No. A/831/2009 ( Date of Filing : 06 Oct 2009 ) (Arisen out of Order Dated 19/08/2009 in Case No. CC/01/2009 of District Nuapada) 1. The Service Co-operative Society Khariar Road, Jonk, Nuapada. 2. Branch Manager, Bhawanipatna Central Co-operative Bank Ltd., Khariar Road Branch, Nuapada. ...........Appellant(s) Versus 1. Manual Sahu, S/o- Late Rabindra Kumar Sahu, At/po- Gotama, Jonk, Dist- Nuapada. ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT HON'BLE MR. Pramode Kumar Prusty. MEMBER HON'BLE MS. Sudhiralaxmi Pattnaik MEMBER PRESENT: M/s. K.P. Nanda & Assoc., Advocate for the Appellant 1 Dated : 02 Feb 2023 Final Order / Judgement
Heard learned counsel for the appellants. None appears for the respondent.
2. This appeal is filed u/s 15 of the Consumer Protection Act (hereinafter called the 'Act' in short). Parties hereinafter were arrayed as the complainants and OPs as per their nomenclature before the learned District Forum.
3. The case of the complainant in nutshell is that the father of the complainant was a member of the Co-operative Society of the appellants under gold card scheme for free insurance for a sum of Rs.25,000/-. The name of category of the insurance scheme is Kalinga Kishan Gold Card. It is alleged that during currency of the policy the father of the complainant expired on 16.5.2008 in District Headquarters Hospital, Nuapada due to wrong blood transfusion in the body. It is alleged that the risk of the insurance also covers the accidental death. The complainant alleged that the death of Rabindra Kumar Sahu is an accidental death for which he approached the OPs to pay the insurance compensation but the OPs denied the insurance claim to the complainant.
4. OPs filed written version stating that since the death of Rabindra Kumar Sahu was not accidental death, he is not entitled to get insurance benefit under the Kalinga Kishan Gold Card Scheme. As such there is no deficiency in service on the part of the OPs.
5. After hearing both the parties, the learned District Forum passed the following order:-
"xxxxxxxxx Accordingly, we pass an order u/s 14(i)(d) of the ConsumerProtection Act, 1986 as below:-
OP No. 1 & 2 i.e. the Service Co-operative Society, Khariar Road through Secretary, At/Po - Khariar Road, Dist - Nuapada& the Branch Manager, Bhawanipatna Central Co-operative Bank, Khariar Road Branch, At/Po - Khariar Road, Dist - Nuapada are directed to pay insured amount a sum of Rs.25,000/- (Rupees Twenty five thousand) only to the petitioner within 60 (sixty) days from the date of judgment, failing which they are liable to pay interest from January, 2009 to till payment @ 9% per annum. The above OPs are jointly and severally liable to pay the awarded amount.
2. Parties to bear their own cost."
6. Learned counsel for the appellants submitted that as per the procedure under the above scheme, complainant has not submitted the documents or information of death within three days of the death of the complainant and submitted the information long after about three to four months of the occurrence of death. It is submitted that the benefit comes the accidental occursbut here there is no accident for which the complainant is not entitled to the insurance coverage. Therefore, he submitted to set aside the impugned order by allowing the appeal.
7. Considered the submission of learned counsel for the appellantsand perused the impugned order including the DFR.
8. No doubt during currency of the policy RabindraKumarSahuthe father of the complainant expired in the hospital andreason of the death as available from the pleading is due totransfusion of wrong group of blood in the body of the deceased. The question only arises whether the wrong group of blood transfusion is an accidental death or not. The accidental death can be intentional or negligent on the part of the person who caused such death. Here the concerned doctor admits that the wrong transfusion of blood was made. So thedeath was not due to hit with hard substance or hard object but for the negligence of the hospital authority. In such view of the matter, we are of the opinionthat there is no accidental death of the deceased policy holder. However, policy holder died due to wrong blood transfusion and since it is a human error, it cannot be termed as accidental death. But the death caused due to negligence of the concerned doctor including the hospital. The learned District Forum without analysising the definition of accidental death has awarded the amount which we are inclined to set aside and is set aside.
9. The appeal stands allowed. No cost.
DFR be sent back forthwith.
Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission. [HON'BLE MR. JUSTICE Dr. D.P. Choudhury] PRESIDENT [HON'BLE MR. Pramode Kumar Prusty.] MEMBER [HON'BLE MS. Sudhiralaxmi Pattnaik] MEMBER