State Consumer Disputes Redressal Commission
United India Insurance Co. Ltd. vs M/S Jai Ambay Containers (Pvt.) Ltd. & ... on 30 May, 2016
H.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
SHIMLA.
First Appeal No.: 20/2016
Date of Presentation: 30.01.2016
Date of Decision: 30.05.2016
.....................................................................................
The United India Insurance Company Limited,
Branch Manager, Branch Office Polytechnic Chowk,
BI Bhawar Road, Ambala City, Haryana,
Through its Divisional Manager/ADM
duly Authorized Official of the Company,
Divisional Office,
Timber House, Circular Road Shimla-1, H.P.
... Appellant.
Versus
1. M/s. Jai Ambay Containers (Pvt.) Ltd.,
Nahan Road, Kala-Amb, Tehsil Nahan,
District Sirmour, H.P.,
Through its duly Authorized Working Director
Shri Anirudh Aggarwal Kalyan Singh
Son of Shri Basti Ram,
Resident of Village Baunal, Post Office Jakhna,
Tehsil Pachhad, District Sirmour, H.P.
2. Shri Om Parkash,
Son of Shri Sant Ram,
3. Shri Shiva son of Shri Darshan Lal,
(Both 2 & 3 are C/o. M/s. Jai Ambay Containers
(Pvt.) Ltd., Nahan Road, Kala-Amb, Tehsil Nahan,
District Sirmour, H.P.)
...Respondents
...........................................................................................
Coram
Hon'ble Mr. Justice Surjit Singh, President.
Hon'ble Mrs. Prem Chauhan, Member.
Hon'ble Mr. Vijay Pal Khachi, Member.
Whether approved for reporting?1
For the Appellant: Mr. Jagjeet S. Bagga, Advocate.
For the Respondents: Mr. Shashi Bhushan, Advocate
.......................................................................................
1
Whether reporters of the local papers may be allowed to see the order?
United India Insurance Company Ltd Versus M/s. Jai Ambay
Containers (Pvt.) Ltd. & Ors.
(F.A. No.20/2016)
O R D E R:
Justice Surjit Singh, President (Oral) Appellant has preferred this appeal against order dated 20.11.2015, of learned District Consumer Disputes Redressal Forum, Sirmaur at Nahan, whereby a complaint under Section 12 of the Consumer Protection Act, 1986, filed against it by the respondents, has been allowed and it has been directed to pay a sum of `2,44,821/-, with interest at the rate of 9%, per annum, from the date of filing of complaint, to the date of payment of the aforesaid amount of money, on account of insurance claim and also to pay a sum of `2000/-, as litigation expenses.
2. Respondents filed a complaint, under Section 12 of the Consumer Protection Act, 1986, against the appellant, alleging that respondents No.2 and 3 were engaged as workmen by respondent No.1 and that a policy was purchased by respondent No.1, from the appellant, covering the risk of death or injury, to the workmen employed by it. It was stated that two workers, i.e. respondents No.2 and 3 sustained injuries, in February and July, 2006, when the policy was in 2 United India Insurance Company Ltd Versus M/s. Jai Ambay Containers (Pvt.) Ltd. & Ors.
(F.A. No.20/2016) force and the injuries resulted in permanent disability, leading to the liability of respondent No.1, under the Workmen Compensation Act. It was alleged that in terms of the policy, appellant was under obligation to indemnify respondent No.1, for its liability, for payment of compensation, under the Workmen Compensation Act.
3. Before filing the complaint, in which the impugned order was passed, respondents had filed another complaint in the year 2007, which as per averment made in para 9 of the complaint, came to be decided by Learned District Forum, vide order dated 17.07.2009. Direction was given to the respondents to submit requisite information and documents to the appellant, within three weeks, thereafter the appellant was to decide the claim, within next three weeks. According to the respondents, they supplied the information and documents, as per direction contained in order dated 17.07.2009, of the Learned District Forum, but the appellant did not settle the claim. On these allegations, respondents filed a fresh complaint, under Section 3 United India Insurance Company Ltd Versus M/s. Jai Ambay Containers (Pvt.) Ltd. & Ors.
(F.A. No.20/2016) 12 of the Consumer Protection Act, 1986, seeking a direction to the appellant, to pay insurance money and damages.
4. Appellant contested the complaint and pleaded that respondent No.2, Shri Om Prakash had been engaged as a workman after the purchase of the policy. It was stated that the insurance policy covered the risk of only thirty workmen, whereas respondent No.1 had employed around 100 workmen. It was stated that the policy covered the risk of only those workmen, who were thirty in number and were employed on the date of purchase of the policy, but since respondent, Om Prakash was employed subsequent to the purchase of policy, appellant was not liable to indemnify respondent No.1 for the compensation payable to him. Also, it was pleaded that respondent, Om Prakash was covered under Employees State Insurance Scheme, and as per record maintained by respondent No.1, premium was also paid to Employees State Insurance Corporation. Therefore, liability, if any, was that of the State Employees Insurance Corporation. 4
United India Insurance Company Ltd Versus M/s. Jai Ambay Containers (Pvt.) Ltd. & Ors.
(F.A. No.20/2016)
5. Learned District Forum, vide impugned, has allowed the complaint and directed the appellant, to pay a sum of `2,44,821/-, with interest and also to pay the litigation expenses, quantified at `2000/-.
6. During the hearing of the matter, we have noticed that though there is reference to some previous complaint and orders passed in that complaint, no documents pertaining to the earlier complaint, not even the copy of the order passed in that complaint is on record. Also, we do not find even the insurance policy and the terms & conditions of the policy, under which the claim is lodged, on the record of the Learned District Forum. Furthermore reply of the appellant with respect to the claim in respect of respondent No.3, is silent.
7. In view of the above stated position, we allow the appeal, set aside the impugned order and remand the complaint to learned District Forum, with the direction to decide the same afresh after affording opportunity to the parties to place on record all the material documents, including the insurance policy, 5 United India Insurance Company Ltd Versus M/s. Jai Ambay Containers (Pvt.) Ltd. & Ors.
(F.A. No.20/2016) pleadings of the previous complaint, and the copy of the order passed in that complaint .
8. Parties are directed to appear before the learned District Consumer Disputes Redressal Forum, Sirmour at Nahan, on 18.06.2016.
9. A copy of this order be sent to each of the parties, free of cost, as per Rules.
(Justice Surjit Singh) President (Prem Chauhan) Member (Vijay Pal Khachi) Member May 30, 2016.
dkm) 6