State Consumer Disputes Redressal Commission
The Snior Divisional Manager, The New ... vs Smt. Sahinur Begum,Wife Of Late Md. Abul ... on 17 December, 2013
State Consumer Disputes Redressal Commission State Consumer Disputes Redressal Commission West Bengal 11A, MIRZA GHALIB STREET KOLKATA 700 087 S.C. CASE NO FA /98/2013 (Arisen out of Order Dated 09.10.2012 in Case No. CC/83/2008 of District Murshidabad, Murshidabad DF,) DATE OF FILING :28.01.2013 DATE OF ORDER:17.12.2013 APPELLANT : 1. The Senior Divisional Manager, The New India Assurance Company Ltd., Divisional Unit No. 511700, 4, Mangoe Lane, (2nd. Floor), Kolkata-700001. RESPONDENTS : 1. Smt. Sahinur Begum, Wife of Late Md. Abul Kashem, Village & Post office-Kajisaha, Police Station-Beldanga, District-Murshidabad. 2. Golden Trust Financial Services Ltd., 16, R.N. Mukherjee Road, Kolkata-700001. BEFORE HONBLE MEMBER
:
Sri Debasis Bhattacharya.
HONBLE MEMBER : Sri Jagannath Bag.
FOR THE APPELLANT :
Mr. Pralay Kar, Ld. Advocate FOR THE RESPONDENT No. 1 : Mr.Raj Tilak Ghoshal , Ld. Advocate FOR THE RESPONDENT No. 2 : Mr. Avik Dutt, Ld. Advocate.
_________________________________________________________________________ Sri Debasis Bhattacharya , Member Being aggrieved by and dissatisfied with the judgment dated 09.10.2012 passed by the Ld. District Forum, Murshidabad in Case No. 83/2008, the OP No.3 thereof has preferred this appeal.
By the impugned judgment, the Ld. District Forum has allowed the case on contest as against the OP No.3 and dismissed on contest as against the OP Nos. 1 & 2, without any order as to cost. The OP No.3 has been directed to pay a sum of Rs.1,00,000/- (Rupees one lakh) to the Complainant within two months from the date of the order failing which an interest @ 9% p.a. will carry upon the awarded amount from the date of filing of the case, i.e., 29.04.2008 till final payment.
It is the case of the Complainant that her husband, Abul Kashem had a Group Janata Personal Accident Insurance Policy having No. 4751170000001/4751170030054 for a sum of Rs.1,00,000/- (Rupees one lakh) for the period from 23.12.2000 to 22.12.2015 from the OP No.2 and she was made nominee. On 05.05.2006, at about 06.30 pm, he met with an accident causing grievous injury to him and taken to Berhampore N.G. Hospital where he died. Thereafter, the Complainant informed all the concerned with relevant papers. But, the OPs did not pay any heed. Accordingly, the case.
On the other hand, the case of the OP New India Assurance Co. Ltd. is that of denial of the claims and contentions of the Complainant.
The case of the OP No.2 has been supportive of the Complainant.
It is to be considered if the impugned judgment suffers from any kind of anomaly so as to make a reversal of the same.
Decision with reasons.
Ld. Advocate for the Appellants has submitted that the policy issuing office has not been made a party in the complaint case. Instead, the Berhampore Branch Office, which is in no way connected, has been made a party. But, in the impugned judgment, the issuing office has been made OP No.3, without any amendment in the complaint petition. Further, said Abul Kashem was Head Teacher of a primary school and the Complainant is a pensionholder from the State Government on account of his death, which have been reflected in the report of the Investigator. It has also been mentioned by the Complainant in her letter dated 10.07.2011 to the Insurance Company, and there are papers showing that he worked as Head Teacher in Kapasdanga Primary School and that the Complainant is getting service pension on this account after his death. Accordingly, he was in no way associated with the G.T.F.S., and so there is no effective and valid proof that he was a Fieldworker under the G.T.F.S. Accordingly, the impugned judgment cannot sustain.
Ld. Advocate for the Respondent No.1 has submitted that he was a Fieldworker under the G.T.F.S. and the G.T.F.S. has issued a Certificate in that respect on 13.12.2007.
Ld. Advocate for the Respondent No.2 has submitted that by conduct and accepting the proposal form, the Insurance Company has been estopped from raising such issues. They checked the proposal, swallowed the premium and issued the policy. The work of a Fieldworker is not purely an employment, but an engagement. In the case of contingency, such pleas are only being raised by the Insurance Company, which are unwarranted and uncalled for.
The ostensible case in the matter is that the deceased Abul Kashem was a Fieldworker of the G.T.F.S, for which he got Group Janata Personal Accident Insurance Policy of the OP Insurance Company. His position as Head Teacher of the Kapasdanaga Primary School does not entitle him to do any sort of work otherwise, in this case as Fieldworker of the G.T.F.S. He was on Government pay roll. There is no sanction for him to work for the G.T.F.S. in his leisure time also. Accordingly, as the deceased cannot at all be termed as a Fieldworker of the G.T.F.S., the insurance policy in his favour through the G.T.F.S. is void abinitio. Accordingly, the Complainant will not be entitled to any benefit under the claim, which was meant exclusively for engagement with the G.T.F.S. The impugned judgment is wholly bad in law and on facts.
In the result, the appeal succeeds.
Hence, ORDERED that the appeal be and the same is allowed on contest against the Respondents, but without any order as to costs. The impugned judgment is hereby set aside. Consequently, the complaint case stands dismissed.
MEMBER MEMBER