State Consumer Disputes Redressal Commission
. National Insurance Company Ltd., vs Ankush Mohan Shinde on 7 January, 2013
1 F.A.No. : 881/2008
MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL COMMISSION,
MUMBAI.
CIRCUIT BENCH AT AURANGABAD.
First Appeal No. A/08/881
(Arisen out of Order Dated 10/07/2008 in Case No. 85/2008 of District Osmanabad )
1. National Insurance Company Ltd.,
Through it`s Divisional Office, Divisional Office
Divisional Manager, Hajari Chembers, Railway
Station Road, Aurangabad. ...........Appellant(s)
Versus
1. Ankush Mohan Shinde,
R/o Bavi, Tq. Vashi, Dist. Osmanabad.
2. Suman w/o.Ankush Shinde,
R/O.Bavi,Tq.Vashi,Dist.Osmanabad.
3. The State Of Maharashtra,Through Tahsildar,
Tahsil Office Vashi,Tq.Vashi.Dist.Osmanabad. ...........Respondent(s)
Miscellaneous Application No. MA/1212/2008
1. National Insurance Company Ltd.
r/o. Aurangabad ...........Appellant(s)
Versus
1. Ankush S/o. Mohan Shinde
Osmanabad ...........Respondent(s)
BEFORE:
HON'ABLE MR. B.A.SHAIKH PRESIDING MEMBER
HON'ABLE MR. K.B.GAWALI MEMBER
PRESENT:S. V. Kulkarni, Advocate for the Appellant 1
Adv.Shri.S.B.Madde, Advocate for the Respondent 1
Adv.Shri.S.B.Madde, Advocate for the Respondent 2
2 F.A.No. : 881/2008
ORDER
Date : 07.01.2013.
Per Mr.B.A.Shaikh, Hon`ble Presiding Judicial Member.
1. Adv.Shri.S.V.Kulkarni present for the appellant. Adv.S.B.Madde is present for respondent No.1 and 2. None present for respondent No.3 though duly served.
We have heard both the advocates on delay condonation application. There is delay of only two days. Advocate of appellant submitted that as the said delay is very short it is occurred due to official procedure. Said delay may be condoned.
We find that as the delay is short period of two days, it needs to be condoned. Accordingly delay is condoned.
2. We have also heard both the advocates finally today at the admission stage with their consent. Advocate of respondents filed copies of 7/12 extract and two G.R.s dated 10.8.2007 & 12.07.2007. The facts giving rise to the present appeal are as under.
Both respondent Nos.1 & 2 herein are original complainants in C.C.No.85/2008. They had filed said complaint against appellant herein and the State of Maharashtra, on the ground that deceased Dhananjay @ Balu Ankush Shinde was the son of both the complainants. He died due to snake bite on 30.5.2007 in his agriculture land. He was agriculturist. Therefore both the complainants being legal heir of the said deceased Dhananjay, submitted claim proposal to Tahasildar claiming compensation of Rs.1 lakh under group farmers personal accident insurance. Tahasildar forwarded said claim to the original opponent 3 F.A.No. : 881/2008 No.2 i.e. appellant for payment of said compensation to both the complainants. However the said claim was not considered. Therefore both the complainants prayed that opponents may be directed to pay compensation of Rs.1 lakh to them.
3. Original opponent No.1 did not appear despite of service of notice before District Forum.
4. Original opponent No.2/appellant herein appeared before the Forum and filed written version and thereby denied it`s liability mainly on the ground that it did not receive any claim proposal from original opponent No.1 and secondly on the ground that no such insurance policy was issued by it to cover death of any such farmer. It also contended that there is no endorsement in the post-mortem report that deceased Dhananjay died due to snake bite. It therefore submitted that complaint may be dismissed.
5. District Forum below after considering the evidence on record and hearing the advocates of respective parties held that there is deficiency in service on the part of opponent No.2 in providing to the complainants and that complainants are entitled to claim compensation of Rs.1 lakh from opponent No.2. It accordingly gave direction to opponent No.2 to pay compensation of Rs.1 lakh with interest @ 9% p.a. from 19.3.2008. It also directed opponent No.2 to pay Rs.1000/- to both the complainants towards the cost of complaint.
6. Feeling dissatisfied with the said judgment and order, original opponent No.2 National Insurance Co.Ltd. has preferred this appeal.
7. It is submitted by Adv.S.V.Kulkarni that as per complaint deceased 4 F.A.No. : 881/2008 Dhananjay died due to snake bite but post-mortem report shows that deceased died due to electrocution. He further submitted that there is no report of chemical analysis of the viscera of the deceased showing his cause of death as snake bite. He further submitted that no document was produced before District Forum below showing that the claim proposal was submitted by original opponent No.1 to appellant. He thus submitted that District Forum below has not considered this material aspect of the present case and erred in giving direction to appellant to pay compensation of Rs.1 lakh. He thus requested that appeal may be allowed and complaint may be dismissed.
He alternatively submitted that even presently also appellant is ready to accept claim proposal directly from complainant alongwith necessary documents and if such claim proposal is submitted to the appellant, then it will decide the same within a month from receiving the same.
8. Adv.Shri.S.B.Madde appearing for both the respondents supported the impugned judgment and order and submitted that appeal may be dismissed. He alternatively submitted that if this Commission is inclined to set aside the impugned order then original complainants may be permitted to resubmit the claim proposal directly to the appellant and that direction may be given to appellant to decide the said claim within a month.
9. We find on perusal of papers placed before us that no material was produced before District Forum to prove that any such claim proposal along with requisite documents was submitted to the appellant i.e. original opponent No.2 by the complainants. Original opponent No.1 Tahasildar did not appear before the Forum below. Therefore in the 5 F.A.No. : 881/2008 absence of any say from original opponent No.1 or any document it cannot be said that claim proposal was duly submitted by original opponent No.1 to original opponent No.2/appellant. District Forum below has given no reasoning on the contention of the appellant that it received no such claim proposal from original opponent No.1. We therefore hold that as no such claim proposal was submitted to the appellant, impugned judgment and order needs to be set aside on this sole ground. So far as submission of appellant`s counsel is concerned about cause of death of Dhananjay, we find that police panchanama shows cause of death of the deceased as due to snake bite. The post- mortem report also does not show opinion about cause of death of deceased Dhananjay as due to electrocution. Therefore we are inclined to hold the cause of death of deceased Dhananjay as due to snake bite. Moreover G.R. produced before us specifically show that death of deceased Dhananjay was covered under the farmer's insurance policy issued by appellant. Under these facts and circumstances, we hold that an opportunity should be given to the original complainants to submit the claim proposal directly to the appellant for consideration thereof. Accordingly, we proceed to pass the following order.
O R D E R
1. Misc.Application No.1212/2008 for condonation of delay is allowed.
2. Appeal is partly allowed as under.
3. The impugned judgment and order dated 10.7.2008 passed by District Forum Osmanabad in C.C.No.85/2008 is set aside. The said complaint is partly allowed as under.
4. Complainants are at liberty to submit fresh claim proposal along with requisite documents directly to the original opponent No.2 i.e. 6 F.A.No. : 881/2008 appellant herein for claiming compensation of Rs.1 lakh on account of death of Dhananjay @ Balu Ankush Shinde. On receiving the same, the appellant herein shall decide it within one month.
5. Statutory amount, if any deposited in District Forum, Osmanabad by appellant as per direction given in this appeal be refunded to the appellant after due verification of record.
6. No order as to cost.
7. Copies of the judgment be issued to both the parties.
Pronounced and dictated on 07.01.2013.
[HON'ABLE MR. B.A.SHAIKH] PRESIDING MEMBER [HON'ABLE MR. K.B.GAWALI] MEMBER Mane