State Consumer Disputes Redressal Commission
O.I.C Ltd vs Sunil Kumar on 23 February, 2018
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010 First Appeal No. A/332/2017 (Arisen out of Order Dated 26/12/2016 in Case No. C/160/2011 of District Jhansi) 1. O.I.C Ltd Through Deputy Manager Legal Regional Office Hazratganj Lucknow ...........Appellant(s) Versus 1. Sunil Kumar S/O Sri Hrnam R/O Vill. Punchh Pargana Month Distt. Jhansi ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN PRESIDENT For the Appellant: For the Respondent: Dated : 23 Feb 2018 Final Order / Judgement
ORAL STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UTTAR PRADESH, LUCKNOW APPEAL NO. 332 OF 2017 (Against the judgment/order dated 26-12-2016 in Complaint Case No.160/2011 of the District Consumer Forum, Jhansi) The Oriental Insurance Company Limited Through Deputy Manager Legal Regional Offie Hazratganj Lucknow ...Appellant Vs. Sunil Kumar S/o Harnam R/o Village Punchh Pargana Month District Jhansi ...Respondent BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT For the Appellant : Sri Shishir Pradhan, Advocate.
For the Respondent : V P Sharma, Advocate. Dated : 23-02-2018 JUDGMENT MR. JUSTICE A. H. KHAN, PRESIDENT
This is an appeal filed before State Commission under Section-15 of the Consumer Protection Act 1986 against judgment and order dated 26-12-2016 passed by District Consumer Forum, Jhansi in Complaint Case No. 160/2011 Sunil Kumar V/s Divisional Manager, Oriental Insurance Company Limited whereby District Consumer Forum has allowed complaint and ordered opposite party to pay insured amount of Rs.1,00,000/- to the complainant under Farmer Accident Insurance Scheme arising out of death of Sri Harnam father of complainant Sunil Kumar. The District Consumer Forum has ordered payment of said insured amount with interest at the rate of 12% per annum to the complainant Sunil Kumar alongwith Jitendra Kumar another son of deceased Harnam and his wife in equal shares. Interest is payable from the date of complaint to the date of payment.:2:
Feeling aggrieved with the judgment and order passed by District Consumer Forum opposite party of the complaint Oriental Insurance Company Limited has filed this appeal.
Learned Counsel Sri Shishir Pradhan appeared for appellant.
Learned Counsel Sri V P Sharma appeared for respondent.
I have heard learned Counsel for the parties and perused impugned judgment and order as well as records.
In brief relevant facts for determination of appeal are that the respondent/complainant Sunil Kumar has filed complaint before District Consumer Forum wherein it has been alleged that his father Harnam was a farmer and his name was recorded in the khatouni record of State of Uttar Pradesh. He died on 10-02-2010 in a road accident. Thereafter he preferred claim through District Magistrate, Jhansi for insured amount of farmers accidental insurance scheme and completed all formalities but the opposite party Oriental Insurance Company Limited did not allow his claim.
Before District Consumer Forum the appellant Oriental Insurance Company Limited filed written statement wherein it was stated that no claim has been received from complainant.
In written statement the appellant Insurance Company has further stated that all legal heirs of deceased Harnam has not been impleaded in complaint and the cause of death of deceased Harnam is not known.
After having gone through pleadings of parties as well as evidence on record the District Consumer Forum has held that the complaint cannot be dismissed on the ground of non joinder of parties. All the legal heirs of deceased Harnam may get their shares in the insured amount. The District Consumer Forum has further held that the appellant Insurance Company has not decided claim of respondent/complainant. As such the appellant Insurance Company has committed deficiency in service.
In view of above findings the District Consumer Forum has allowed complaint and passed order as mentioned above.:3:
It has been contended by learned Counsel for the appellant that the impugned judgment and order passed by District Consumer Forum is against law as well as evidence.
Learned Counsel for the respondent has supported impugned judgment and order passed by District Consumer Forum and has contended that the appeal is liable to be dismissed.
I have considered the submissions made by learned Counsel for the parties.
Perusal of impugned judgment and order passed by District Consumer Forum shows that the evidence brought on record before District Consumer Forum is sufficient to hold that the respondent/complainant has preferred insurance claim for insured amount of his father Harnam to appellant Insurance Company but the appellant Insurance Company has failed to decide the claim of respondent/complainant. Harnam father of complainant was a farmer whose name was recorded in khatouni record of State of Uttar Pradesh and he has suffered accidental death as stated by complainant on 10-02-2010. The claim of respondent/complainant has been forwarded by Up Zila Adhikari to Insurance Company. In written statement the appellant Insurance Company has not denied the factum of accidental death of deceased Harnam. In paragraph 19 of written statement filed on behalf of appellant Insurance Company before District Consumer Forum it has been stated that the age of Harnam was above 70 years but there is nothing on record to support this version of appellant Insurance Company.
In view of discussion made above after having gone through impugned judgment and order passed by District Consumer Forum as well as evidence on record I am of the view that there is no sufficient ground for appellant Insurance Company to refuse insurance claim arising out of accidental death of Harnam who is a farmer recorded in khatouni of State of Uttar Pradesh. As such the appellant Insurance Company has committed deficiency in service in not deciding claim preferred by respondent/complainant.
Considering all facts and circumstances of the case I am of the view that the impugned judgment and order passed by District Consumer Forum :4: is in accordance with law as well as evidence. The District Consumer Forum has rightly ordered payment of insured amount of Rs.1,00,000/- to complainant as well as other legal heirs of deceased Harnam. The District Consumer Forum has awarded interest at the rate of 12% per annum which is on higher side. I am of the view that the rate of interest should be reduced to 9% per annum.
In view of discussion made and conclusion drawn above appeal is allowed partially and impugned judgment and order passed by District Consumer Forum is modified and the rate of interest 12% awarded by District Consumer Forum is reduced to 9% per annum. Remaining part of impugned judgment and order shall remain intact.
Parties shall bear their own costs in this appeal.
Rs.25,000/- deposited by appellant under Section-15 of the Consumer Protection Act 1986 in this appeal shall be remitted to the District Consumer Forum alongwith interest accrued for disposal in accordance with this judgment.
Let copy of this order be made available to the parties positively within 15 days as per rules.
( JUSTICE A H KHAN ) PRESIDENT Pnt.
[HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN] PRESIDENT