State Consumer Disputes Redressal Commission
The Branch Manager, Reliance General ... vs 1. Shashi Rana Widow Of Sh. Randeep Rana, ... on 25 February, 2014
STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA First Appeal No.106 of 2014 Date of Institution: 12.02.2014 Date of Decision: 25.02.2014 The Branch Manager, Reliance General Insurance Co. Ltd., SCO No.145-146, Madhya Marg, Chandigarh. Appellant (Opposite Party No.1) Versus 1. Shashi Rana widow of Sh. Randeep Rana, Resident of 72-F, Professor Colony, Yamuna Nagar. Respondent (Complainant) 2. District Social Welfare Officer, Yamuna Nagar. Respondent (Opposite Party No.2) CORAM: Honble Mr. Justice Nawab Singh, President. Mr. B.M. Bedi, Judicial Member. Mrs. Urvashi Agnihotri, Member. For the Appellant: Shri Rajneesh Malhotra, Advocate. O R D E R
Justice Nawab Singh, President (Oral):
Delay of 41 days in filing of the appeal is condoned.
2. This appeal has been filed by Reliance General Insurance Company Limited (hereinafter referred to as Insurance Company) against the order dated November 21st, 2013 passed by District Consumer Disputes Redressal Forum, (for short District Forum), Yamuna Nagar, whereby complaint under Section 12 of the Consumer Protection Act, 1986, filed by Smt. Shashi Rana (respondent herein) was allowed directing the Insurance Company to pay an amount of Rs.1.00 lac to the respondent alongwith interest at the rate of 9% per annum and Rs.2500/- as litigation expenses.
3. Randeep Rana (husband of respondent), aged 34 years, Resident of House No.72-F, Professor Colony, Yamuna Nagar, met with a road accident on January 18th, 2009 near Bijnaour (U.P.).
Daily Diary No.0289607 dated January 18th, 2009 was recorded in Police Station, Mandawali District Bijnaour (U.P.). He was brought to Post Graduate Institute of Medical Education and Research (for short PGIMER), Chandigarh, where he died on January 28th, 2009. Post Mortem examination on the dead body of Randeep Rana was conducted in PGIMER, Chandigarh.
4. The deceased was working as a Maintenance Supervisor in Mullana Dental College, Mullana and was drawing salary of Rs.14000-15000 per month. He left behind his widow Shashi Rana-complainant (appellant herein) and two minor children.
5. The appellant submitted an application before the Social Justice and Empowerment Department, Haryana to grant her Rs.1.00 lac as per the scheme called Rajiv Gandhi Pariwar Bima Yojna (for short the scheme), vide Notification No.2188-SW(4)2009, dated November 19th, 2009.
6. The Government of Haryana executed a Memorandum of Understanding on dated March 28th, 2008 with the Reliance General Insurance Company Limited (hereinafter referred to as Insurance Company) to indemnify the government in paying the amount of compensation to the family of the deceased in case of death in accident. The Insurance Company did not pay the compensation to the respondent on the ground that the deceased was Income Tax payee. Hence, the claim filed by the legal representatives of deceased was not maintainable.
7. Learned counsel for the appellant has challenged the order of the District Forum on the short ground that as per the report of the Investigator appointed by the Insurance Company, the deceased was an Income-tax assessee and as such excluded from the scheme.
8. The contention of the learned counsel for the appellant is devoid of merits in view of the fact that except the statement of the Investigator, no evidence has been produced on the record to prove that the deceased was an Income-tax payee. The statements of Smt. Shashi Rana, Smt. Mohini Gupta and Shri Kanwar Pal, were recorded by the Investigator and in their statements, they never stated that the deceased was an Income-tax payee. Had he been the Income-tax payee, the Insurance Company could have easily placed on record the Income-tax Returns of the deceased, which it failed.
9. In this view of the matter, the order passed by the District Forum requires no interference. Hence, the appeal is dismissed. The appellant is directed to pay the insured amount of Rs.1.00 lac to the respondent-complainant alongwith interest at the rate of 9% per annum from the date of death of deceased-Randeep Rana, that is, January 28th, 2009 till its realization. The compliance of this order be made within 30 days from the date of receipt of this order under intimation to this Commission.
10. The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the respondent-complainant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.
Announced:
25.02.2014 (Urvashi Agnihotri) Member (B.M. Bedi) Judicial Member (Nawab Singh) President