State Consumer Disputes Redressal Commission
National Insurance Company Limited vs Ranjit Kaur on 27 March, 2014
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA First Appeal No.891 of 2013 Date of Institution: 04.12.2013 Date of Decision: 27.03.2014 1. National Insurance Company Limited, Regional Office II, SCO No.37-340, Sector 35-B, Chandigarh. 2. National Insurance Company Limited, Branch Office, 107, Anaj Mandi, Dabwali, District Sirsa, Both through their authorized signatory and power of attorney holder Puja Dhawan, Admn. Officer, Regional Office II, SCO No.337-340, Sector 35, Chandigarh. ..Appellants Versus 1. Ranjit Kaur, widow ) of late Sh. Gurcharan Singh 2. Jagseer Singh, son ) son of Sh. Lal Singh 3. Rajpal Kaur, daughter ) 4. Karamjit Kaur, daughter ) All residents of Village Bapp, Tehsil and District Sirsa (Haryana) minor through her mother and guardian namely Ranjit Kaur. Respondents CORAM : Honble Mr. Justice Nawab Singh, President Mr. B.M. Bedi, Judicial Member.
Mrs. Urvashi Agnihotri, Member.
For the parties: Mr. Deepak Goyal, Advocate for the appellants Mr. Manvinder Sidhu, Advocate for the respondents O R D E R Justice Nawab Singh, President (Oral) National Insurance Company Limited (hereinafter referred to as the appellants) have come up in appeal against the order dated November 07th, 2013 passed by the District Consumer Disputes Redressal Forum (for short District Forum), Sirsa, whereby, an amount of Rs.10 lac alongwith interest at the rate of 9% per annum from the date of death of Gurcharan Singh, that is, August 17th, 2008, till its realization, Rs.10,000/- on account of damages for harassment, mental agony etc. and Rs.1100/- as litigation expenses was awarded to the legal heirs of Gurcharan Singh.
2. Gurcharan Singh, owner of the tractor bearing registration No.HR24J-0413 died due to electrocution and the tractor was being driven by Zora Singh (brother-in-law of Gurcharan Singh) on August 17th, 2008. The tractor was insured with the appellant.
3. The solitary submission of the learned counsel for the appellants is that vide insurance policy (Ex.R-8), the capital sum insured was Rs.2 lac, in case of death of owner cum driver of the vehicle. So, the Forum fell in error in awarding Rs.10 lac.
4. Learned counsel for the respondents could not refute the statement of learned counsel for the appellant rather candidly accepted it that capital sum insured was Rs.2 lac for which premium of Rs.100/- was paid. In view of the factual position, the order under challenge is modified to the extent that appellants shall pay an amount of Rs.2 lac alongwith interest at the rate of 9% per annum from the date of lodging of the complaint till its actual realization plus the amount awarded under the heads of mental agony and litigation expenses by the District Forum.
5. The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellants against proper receipt and identification, in accordance with the rules, after the expiry of period of appeal/revision, if any.
Announced:
27.03.2014 (Urvashi Agnihotri) Member (B.M. Bedi) Judicial Member (Nawab Singh) President U.K