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State Consumer Disputes Redressal Commission

Sau. Sharda W/O. Jagganath Agrawal vs 1. The Rajwade Mandal Peoples on 22 August, 2011

                                         1                      F.A.No.: 272-11

     STATE CONSUMER DISPUTE REDRESSAL COMMISSION,
         MUMBAI, CIRCUIT BENCH AT AURANGABAD.
                                   Date of filing : 30.05.2011
                                   Date of Order: 07.09.2011

FIRST APPEAL NO.: 272 OF 2011
IN COMPLAINT CASE NO.: 275 OF 2010
DISTRICT CONSUMER FORUM: NANDED.

United India Insurance Company Ltd.
Through its Divisional Manager,
Osmanpura, Aurangabad.                                 ...Appellant

      -Versus-
1. Kavita W/o. Prakashrao Shinde
   R/o. Sirpalli, Taluka Himayatnagar,
   Dist. Nanded.

2. The Taluka Agriculture Officer,
   Himayatnagar, District Nanded.

3. Kabal Insurance Services Pvt. Ltd.
   Shop No.2, Disha Alankar, Cannot Garden,
   Town Center, Cidco, Aurangabad.                         ...Respondents

                                ... Respondent

Coram :   Mrs. Uma S.Bora, Hon`ble Presiding Member.

Mr. K. B. Gawali, Hon'ble Member.

Present: Adv. Mrs. Chapalgaonkar, for appellant.

Adv. Shri. P.G. Narwade, for respondent.

- :: ORAL ORDER ::-

Per Mrs. Uma S.Bora, Hon`ble Presiding Member

1. United India Insurance Company Limited preferred this appeal against the judgment and order passed by District consumer Forum, Nanded on 05.03.2011 in complaint case No. 275/2010.

2. Complainant Kavita Prakash Shinde resident of Sirpalli, District Nanded is wife of deceased Prakash Shinde who was farmer in the state of Maharashtra. Deceased was owner of land Gut No.158. State Government obtained "Farmers Personal Accident Policy" for all the farmers in Mahrashtra. Policy period was 15.08.2009 to 14.08.2010. While the policy was in force on 15.10.2009 Prakash Shinde died in the accident. Complainant preferred the claim with required documents i.e. P. M. report, inquest panchnama, charge sheet etc. The claim was not decided therefore complainant issued legal notice on 14.02.2010, even then compensation was not awarded therefore complainant approached to Forum.

2. Opponent No.1 Taluka Krishi Adhikari appeared before Forum and submitted that, he had forwarded claim form with required documents to opponent No.2 United India Insurance Company Ltd. On 18.12.2009 Opponent No.2 & 3 appeared before Forum and denied the claim. It is submitted by Insurance Company that claim is not received by Insurance company, therefore there is no deficiency of service as alleged by the complainant. It is further submitted by Insurance Company that deceased was plying the auto rickshaw at the time of accident and deceased was not possessing valid driving license at the time of accident therefore, complainant is not entitled to claim any amount as there is breach of condition.

3. Opponent No.4 Kabal Insurance Company appeared before the Forum and submitted that claim was received but driving license, R.C. Book etc. were not supplied therefore, complainant was asked to supply the said documents.

4. After hearing all the parties District Forum allowed the complaint and directed opponent No.2 & 3 to pay Rs. 1,00,000/- with interest @ 9 % p.a. from 14.10.2010. District Forum also directed to pay Rs.5,000/- for mental agony and Rs. 2,000/- for cost.

5. Dissatisfied with the said judgment and order Insurance Company came in appeal. Adv. Mrs. Chapalgaonkar appeared for appellant. Adv. Shri. P.G. Narwade appeared for respondent. Appeal is filed with application for condonation of delay. We condoned the delay of 22 days on the cost of Rs.500/-. We heard both counsels at admission stage. It is submitted by Adv. Mrs. Chapalgaonkar that deceased Prakash Shinde was plying the auto rickshaw as stated by owner of auto Ravikant Jadhav. It is further stated by Adv. Chapalgaonkar that as deceased was plying the auto rickshaw, at the time of accident driving license is to be produced by the complainant. But deceased was not having driving license, therefore claim was repudiated by the Insurance Company. Adv. Narwade for respondent submitted that, as per requirement all the documents were submitted with the claim form to the Insurance Company. It is further submitted by Adv. Narwade that deceased was not plying the auto rickshaw, but Ravikant Jadhav auto rickshaw owner, to avoiding the liability mentioned in the FIR that deceased was plying the rickshaw. He draw our attention to the charge sheet wherein the brief facts of the case. It is clearly mentioned that, Ravikant Jadhav is liable for plying the rickshaw rashly and negligently and for causing the death of Prakash Shinde. It is further submitted by Adv. Narwade that there is no necessity of producing driving license of deceased Prakash Shinde as he was not driving vehicle.

5. We heard both the counsels and perused the record. It is an admitted fact that, deceased was farmer in the state of Maharashtra. It is an admitted fact that deceased was insured with the appellant. It is an admitted fact that Prakash Jadhav died in the road accident. The contention of appellant that the deceased was plying the rickshaw is falsified by the charge sheet. According to the charge sheet Ravikant Jadhav is liable for rash and negligent driving and causing the death of Prakash Shinde. It is submitted by Mrs. Chapalgaonkar that Forum granted Rs. 5,000/- for mental agony which is on higher side. Forum granted 4 F.A.No.: 272-11 interest on the amount of compensation, therefore amount for mental agony is to be quashed. We are inclined to allow the appeal in part. Hence, we pass the following order.

-:: ORDER ::-

1. Appeal is partly allowed.

2. Appellant is to pay Rs. 1,00,000/- with interest @ 9 % p.a. interest from 14.10.2010.

3. Order of Forum to pay Rs.5,000/- for mental agony is hereby quashed and set aside.

4. Rest of the order is maintained as it is.

             (K. B. Gawali)                      (Mrs.Uma S. Bora)
               Member                             Presiding Member
Kalyankar