State Consumer Disputes Redressal Commission
Pritam Kaur vs The Oriental Insurance Company Ltd on 25 September, 2010
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB,
S.C.O. NO. 3009-10, SECTOR 22-D, CHANDIGARH.
Consumer Complaint No.32 of 2007
Date of institution : 25.7.2007
Date of decision : 25.9.2010
Pritam Kaur wife of Late Shri Yadwinder Singh Bahia, resident of House
No.16291, Street No.12/13, Guru Gobind Singh Nagar, Bathinda.
....Complainant
Versus
1. The Oriental Insurance Company Ltd. through its Regional Manager,
Regional Office, SCO Nos.109-110-111, Surendra Building, Sector 17-D,
Chandigarh.
2. The Oriental Insurance Company Ltd., through its Divisional Manager,
Divisional Office, 4501, Bank Street, Bathinda.
......Respondents
Consumer Complaint under Section 17 of the
Consumer Protection Act, 1986.
Before :-
Hon'ble Mr. Justice S.N. Aggarwal President.
Lt. Col. Darshan Singh (Retd.), Member.
Mrs. Amarpreet Sharma, Member.
Present :-
For the complainant : Shri Ashok K. Sama, Advocate.
For the respondents : Shri Ashwani Talwar, Advocate with
Ms. Harsimrat Rai, Advocate.
JUSTICE S.N. AGGARWAL, PRESIDENT:
Yadwinder Singh Bahia husband of the complainant (in short "the insured") was working as Branch Manager in Cooperative Bank at Balluana. The insured had taken the insurance policy from the respondents against accidental death.
2. It was further pleaded that on 1.5.2006 the insured along with his son Samson Bahia went for a walk near the park of Lake No.2, Bathinda. It was about 10 P.M. Due to darkness, the insured suddenly fell in the lake because of slip of his foot. At that time Rajwant Singh son-in-law of the insured was also Consumer Complaint No.32 of 2007. 2 along with them. Samson Bahia and Rajwant Singh tried their level best to take out the insured from the lake. In the meantime, the workers of Sahara Welfare Club also reached the spot. They took out the insured from the lake but he was dead by that time. The death of the insured was by way of drowning when he accidentally fell in the lake. DDR No.4 dated 2.5.2006 was got registered in PS- Thermal Plant, Bathinda. The dead body of the insured was subjected to post mortem examination in the Civil Hospital, Bathinda.
3. It was further pleaded that the police had initiated the proceedings under Section 174 Cr.P.C. and an enquiry was conducted by Assistant Sub Inspector of PS-Thermal Plant, Bathinda. It was concluded in the enquiry that the insured had died by drowning due to accidental fall in the lake. The verification report was also prepared by the police.
4. The claimant lodged the insurance claim with the respondents but it was repudiated vide letter dated 5.12.2006. The respondents had appointed Harjit Singh, retired Superintendent of Police as the investigator. He reported that it was a case of suicide. The investigation report was not fair as the complainant was not given any opportunity to prove that the death of her husband was by accidental fall in the lake. On the basis of the investigation report the respondents repudiated the insurance claim lodged by the complainant vide letter dated 5.12.2006.
5. Hence the complaint for recovery of the insurance claim. Compensation, costs and interest were also prayed.
6. The respondents filed the written statement. It was not denied that the insured was Branch Manager in Cooperative Bank at Bathinda and he had taken the insurance policy from the respondents. However it was denied if the insured had died by accidental fall in the lake. Rather he had met a suicidal death.
7. It was further pleaded that the respondents had appointed Harjit Singh a retired Superintendent of Police as investigator to investigate the claim of the complainant. It was thoroughly investigated and he had concluded by Consumer Complaint No.32 of 2007. 3 documentary evidence that the insured had committed suicide at about 8.00 P.M. on 1.5.2006. Therefore the repudiation of the insurance claim was legal and valid. Dismissal of the complaint was prayed.
8. Rejoinder was filed by the complainant in which the facts mentioned in the complaint were reiterated.
9. The complainant filed her affidavit dated 15.6.2007. She also proved documents Annexure C-1 to Annexure C-4.
10. On the other hand, the respondents filed the affidavit of S.S. Brar, Manager dated 24.12.2008. The respondents also proved documents Annexure R-1 to Annexure R-4. They also filed the affidavit of Dinesh Kumar Goel, Surveyor and Loss Assessor dated 20.1.2009 Annexure R-5 and the investigation report of Harjit Singh dated 19.7.2006 as Annexure R-6. They also filed the affidavit of Harjit Singh, Superintendent of Police (Retd.), Investigator dated 3.2.2009 as Annexure R-7. The photographs have also been proved as Annexure R-8.
11. The submission of the learned counsel for the complainant was that the complaint be accepted and the respondents be directed to pay the insurance claim with compensation, interest and costs.
12. On the other hand the submission of the learned counsel for the respondents was that the case of the complainant is totally false. Hence dismissal of the complaint was prayed.
13. Record has been perused. Submissions have been considered.
14. The admitted facts are that Yadwinder Singh husband of the complainant was insured with the respondents for the period from 1.4.2006 to 31.3.2007. The insurance policy has been proved as Ex. R-3 according to which the insurance policy was valid against personal accident for a sum of Rs.24 lakhs.
15. It is also not disputed that the insured had died by a fall in Lake No.2, Thermal Plant, Bathinda on the evening of 1.5.2006.
Consumer Complaint No.32 of 2007. 4
16. The point in dispute which needs settlement in this case is whether the insured had an accidental fall in the lake or if he had intentionally jumped in the lake and committed suicide.
17. The case of the complainant is that the insured was accompanied by his son Samson Bahia and his son-in-law Rajwant Singh at the time when the insured had an accidental fall in the lake. The complainant, however, has not filed either the affidavit of Samson (son of the insured and the complainant) or of Rajwant Singh (son-in-law of the insured and the complainant) to prove that the insured had an accidental fall in the lake in their presence. This is an important factor which goes against the case of the complainant.
18. The complainant has alleged that report No.4 dated 2.5.2006 was registered in PS-Thermal Plant, Bathinda regarding the sudden and accidental death of the insured, copy of which has been proved as Ex.C-1. Ex.C-1 has been examined. These are proceedings under Section 174 Cr.P.C. regarding the statement of Samson Bahia (son of the insured). As per this statement of Samson Bahia, he and his brother-in-law Rajwant Singh were having a walk with his father i.e. the insured on 1.5.2006 at about 9.00-10.00 P.M. Due to darkness the foot of the insured slipped. As a result the insured fell in the lake. Then Samson Bahia and Rajwant Singh tried to take out the insured from the lake and with the help of workers of Sahara Welfare Club, Bathinda the insured was taken out of the lake and was got admitted in Civil Hospital, Bathinda but the insured died on the way to the hospital.
19. The version of the complainant was also almost the same in the complaint but it was stated in para no.3 of the complaint that when the insured was taken out of the lake, he was already dead.
20. The respondents have placed on the file investigation report dated 19.7.2006 as Annexure R-1 which was certified to be correct by Harjit Singh, Superintendent of Police (Retd.) by his affidavit Annexure R-7. The Investigator has reported as under:-
Consumer Complaint No.32 of 2007. 5
"Inderjit Singh, MHC, Police Station Thermal disclosed that a wireless message from Police Post Civil Line was received at 12.50 A.M. on 2.5.06 (after midnight) that Yadvinder Singh of Guru Gobind Singh Nagar has died, as a result of an accident at lake, an investigating officer be sent. DDR No.25 was recorded and SI Surjan Singh left for Civil Hospital, Bathinda. He returned at 3.30 A.M. on 2.5.2006 and recorded DDR No.27 wherein the Sub Inspector mentioned that he waited for the dependants of Yadvinder Singh; at Civil Hospital till then but none turned up. There was no other person of the family as such H.C. Baljinder Singh was left at the mortuary to guard the dead body."
21. The investigator has also reported that the dead body of the insured was brought to the Civil Hospital, Bathinda on 1.5.2006 at about 11.10 P.M. in the hospital by one Jagga of Sahara Jan Sewa, Bathinda. The insured was wearing only payjama, underwear and baniyan. The investigator had made enquiries from the President, Sahara Jan Sewa, Bathinda vide letter dated 30.6.2007 as to who had identified the dead body of the insured on which Vijay Goel, President of the Sahara Jan Sewa, Bathinda reported that he had received information on his mobile that some person had fallen in Lake No.2 but the caller had not disclosed his name etc. Then he had deputed his team with the ambulance to save the person. That team members had brought out the dead body of that person which was taken to the Civil Hospital, Bathinda but the doctors of the Civil Hospital, Bathinda had declared him dead.
22. There was none to identify the dead body. It was identified later on. Even the report Annexure C-1 produced on the file by the complainant clearly shows that S.I. Surjan Singh of PS-Thermal Plant, Bathinda had received information from Police Post-Civil Line, Bathinda on 2.5.2006 that the dead body of the Consumer Complaint No.32 of 2007. 6 insured was lying in the hospital on which he reached the Civil Hospital, Bathinda after obtaining the ruqa from Police Post Civil Line, Bathinda. Then he waited for the heirs of the insured but after a long wait none of the heirs of the insured had turned up.
23. On this S.I. Surjan Singh reached back to the police station while Baljinder Sing, Head Constable was left in the Civil Hospital, Bathinda to look after the dead body of the insured. In the morning again S.I. Surjan Singh reached the Civil Hospital, Bathinda on which Samson Bahia son of the insured met him and the statement of Samson Bahia was recorded.
24. If the version of the complainant is believed that Samson Bahia and his brother-in-law Rajwant Singh had accompanied the insured for a walk or if the insured had fallen in the lake in their presence then there was no question of leaving him unidentified. On the other hand, it is clearly proved by the investigation report that after receiving the message on mobile phone about the fall of a person in Lake No.2 of the Thermal Plant, the President of the Sahara Jan Sewa, Bathinda had deputed his team to save the person. Jagga Singh of Sahara Jan Sewa, Bathinda had taken out the dead body of the insured from the lake. It was taken to the Civil Hospital, Bathinda. The dead body was taken to be an unidentified person. Information was given to the Police Post Civil Line, Bathidna who had informed the police of PS-Thermal, Bathinda on which S.I. Surjan Singh had reached the Civil Hospital, Bathinda and found no relative of the insured in the hospital. Therefore the version of the complainant that the insured had fallen in the lake in the presence of his son Samson Bahia and son-in-law Rajwant Singh is totally false.
25. Moreover if the insured had gone for a walk, he would have been in proper dress, namely, at least wearing the shirt but when the dead body of the insured was brought to the Civil Hospital, Bathinda he was wearing only Baniyan in the upper part of his body and not even the shirt. This clearly shows that the story of the complainant that the insured had gone for a walk with his son and son-in-law is Consumer Complaint No.32 of 2007. 7 totally false. It may be for this reason that Samson Bahia son of the complainant and his brother-in-law Rajwant Singh have not filed their affidavits as their presence at the time of incident is proved to be false.
26. The investigator had also contacted Jagga Singh who deposed that he was a member of the team of Sahara Jan Sewa, Bathinda. The team was deputed by its President Vijay Goyal on the receipt of a telephone call at about 8.00 P.M. on 1.5.2006. He along with the team members had reached Lake No.2 and a dead body of a person was recovered from the lake. The name and particulars of the dead body were not known. The police was already present at the spot. They had taken the dead body to Civil Hospital, Bathinda and the doctors had declared him dead. He had even signed on the record of the hospital and thereafter the dead body was sent to the mortuary. It was identified by the dependants later on.
27. In the proceedings under Section 174 Cr.P.C. Ex.C-1 it is stated by Samson Bahia that his father being ill, used to remain on leave whose treatment was going on from Civil Hospital, Bathinda. The investigator in his report dated 19.7.2006 has also stated that Yadwinder Singh Bahia i.e. the insured was an addict. He was a liquor patient. He was also suffering from T.B. The doctors had advised him against drinking but he was unable to leave it. His health was deteriorating day by day and he was also suffering from depression. This fact was disclosed to the investigator by one Sunil Kumar who was closely associated with the family of the insured.
28. The investigator had also contacted Dr. Parmod Kumar, Medical Officer, Incharge, T.B. Clinic, Bathinda through his letter dated 4.7.2006 who also reported that Yadwinder Singh insured was on DOTS (Anti T.B. treatment) vide T.B. Card No.208 of 2006 dated 10.3.2006. He was taking treatment from their Unit located in Street No.10, Guru Gobind Singh Nagar, Bathinda.
29. This factor may not be important in itself but looked along with other circumstances it makes out that the insured had committed a suicide. The other important factors are that the insured had taken the insurance policy for a huge Consumer Complaint No.32 of 2007. 8 amount of Rs.24 lakhs and that too about a month before his death. It appears that the insurance policy was taken by the insured with an intention to provide financial aid to his family after his intended death.
30. The respondents have also proved the photographs of the lake as Annexure R-8 to show that there was a railing around the lake and therefore, nobody could fall in the lake accidently or without crossing the railings. Therefore the drowning of the insured was not due to an accidental fall in the lake. This factor also shows that the insured had intentionally crossed the railings and intentionally fell in the lake and not accidentally. If the insured was to go for a walk only he could have fallen on the pavement and not in the lake which was prevented by the railings.
31. In the circumstances of this case it is found that the death of the insured was not an accidental death. It was intentional in the form of suicide. The story of the complainant is totally false that the fall had taken place in the presence of Samson Bahia son of the insured and in the presence of Rajwant Singh son-in-law of the insured.
32. In view of the discussion held above, there is no merit in the present complaint and the same is dismissed.
33. The arguments in this case were heard on 14.9.2010 and the order was reserved. Now, the order be communicated to the parties.
34. The appeal could not be decided within the statutory period due to heavy pendency of court cases.
(JUSTICE S.N. AGGARWAL)
PRESIDENT
(LT. COL. DARSHAN SINGH [RETD.])
MEMBER
September 25 , 2010 (MRS. AMARPREET SHARMA)
Bansal MEMBER
Consumer Complaint No.32 of 2007. 9