State Consumer Disputes Redressal Commission
National Insurance Co. Ltd. Dab Branch, ... vs 1. Sukhjinder Kaur Wife Of Late Shri ... on 13 March, 2014
STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA First Appeal No.866 of 2013 Date of Institution: 20.11.2013 Date of Decision: 13.03.2014 National Insurance Co. Ltd. Dab Branch, Palika Bhawan, R.K. Puram, New Delh-110019, through its Deputy Manager Regional Office, SCO 337-340, Sector 35B, Chandigarh. Appellant (Opposite Party No.1) Versus 1. Sukhjinder Kaur wife of late Shri Mastan Singh, Resident of Village Kottar Khanna, P.O. Talakaur, Tehsil Jagadhri. Respondent (Complainant) 2. HERO HONDA GOODLIFE Program Centre, C/o Result Services Ltd., 8th Balaji Estate, Guru Ravi Dass Marg, New Delhi-110019. Respondent (Opposite Party No.2) CORAM: Honble Mr. Justice Nawab Singh, President. Mr. B.M. Bedi, Judicial Member. Mrs. Urvashi Agnihotri, Member. Present: Shri B.S. Taunque, Advocate for appellant. Shri Ravinder Malik, Advocate for respondent No.1. Service of respondent No.2 dispensed with. O R D E R
Justice Nawab Singh, President (Oral):
This appeal has been filed against the order dated October 11th, 2013 passed by District Consumer Disputes Redressal Forum (for short District Forum), Yamuna Nagar, whereby the complaint filed by Smt. Sukhjinder Kaur-complainant (respondent herein) seeking benefits of insurance, was accepted. For facilitation, the operative part of the order is reproduced as under:-
we allow the complaint of complainant and direct the respondents to pay a sum of Rs.1,00,000/- to the complainant alongwith interest at the rate of 9% per annum from the date of filing of the complaint till its realization and also to pay a sum of Rs.3300/- as litigation expenses. Order be complied within 30 days after preparation of copy of this order failing which complainant would be entitled to initiate action under section 27 of the Consumer Protection Act.
2. Mastan Singh (since deceased)-husband of respondent-Sukhjinder Kaur purchased a motorcycle of Hero Honda make from M/s Khanna Automobiles on November 12th, 2009 against payment of Rs.39,250/-. Alongwith the documents with respect to the purchase of motorcycle, the deceased was provided an Insurance Policy whereby the purchaser (hereinafter referred to as insured/) was insured for Rs.1.00 lac in case of accidental death within a period of one year from the date of issuance of the policy.
3. The insured died on February 23rd, 2010 due to electrocution. Intimation in this regard was given to the concerned authority. The Insurance Company appointed investigator namely DNS Investigation Bureau who submitted their Investigation Report dated December 6th, 2010 on the basis of which the Insurance Company repudiated complainants claim vide letter dated December 29th, 2010 (Annexure A-9) on the ground that no authentic evidence was given to them to confirm whether the deceased had died due to electric shock or not.
4. The respondent filed complaint under Section 12 of the Consumer Protection Act, 1986.
5. The appellant-opposite party No.2 contested complaint by filing written statement wherein it denied the averments made in the complaint. Hero Honda Goodlife Program Centre-opposite party No.1 did not contest the complaint inspite service and was proceeded exparte.
6. On evaluating the evidence of the parties, District Forum accepted complaint in the terms noticed in first paragraph of this order
7. Vide invoice issued by Khanna Automobiles, Jagadhari Annexure C-6, Mastan Singh purchased the motorcycle on November 12th, 2009. The National Insurance Company Limited issued Certificate of Insurance Annexure C-5, which reads as under:-
Certificate of Insurance It is hereby certified that the holder of this certificate, being a Hero Honda GoodLife Card Member is insured against loss of life due to an accident under Group personal Accident Policy No.351804/4209/820000001, for 1 year as applicable which is taken by Hero Honda Motors Ltd., 34, Basant Lok, Vasant Vihar, New Delhi-110057.
Sum Insured: Rs.1,00,000/- (One Lakh only) Coverage: Death only, arising out of accident as per terms and conditions, exclusions and exceptions of the Standard Group Personal Accident Policy under Table 1.
Risk Period: One year from the date of issue as mentioned in your Hero Honda GoodLife Card.
(Branch Manager)
8. DNS Investigation Bureau appointed by the National Insurance Company in its report opined as under:-
CONCLUSION:
On the basis of information collected from Claimant, relatives, neighbourers, the then Village Sarpanch, Assistant Nurse (Sub Centre KotarKhana) and Village Chowkidar, the death of Mastan Singh 23.02.2010, occurred due to Electric Shock from his refrigerator at his residence.
9. The Death Report Annexure A4/7 and Death Certificate Annexure C-4 are also placed on record.
10. With this aforesaid evidence, it is proved that Mastan Singh died due to electric shock on February 23rd, 2010 and was insured in the sum insured of Rs.1.00 lac as per the Certificate of Insurance (Annexure-5). In view of this, National Insurance Company was not justified in repudiating the claim of the complainant on the ground that complainant failed to prove that Mastan Singh died due to electric shock.
11. In view of the above, no ground to interfere in the order of the District Forum is made out. Accordingly, this appeal is dismissed.
12. The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the respondent No.1 (complainant) against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.
Announced:
13.03.2014 (Urvashi Agnihotri) Member (B.M. Bedi) Judicial Member (Nawab Singh) President CL