State Consumer Disputes Redressal Commission
O I Co vs Sukhdev Singh on 4 March, 2022
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010 First Appeal No. A/2009/1484 ( Date of Filing : 01 Sep 2009 ) (Arisen out of Order Dated in Case No. of District State Commission) 1. O I Co a ...........Appellant(s) Versus 1. Sukhdev Singh a ...........Respondent(s) BEFORE: HON'BLE MR. Rajendra Singh PRESIDING MEMBER HON'BLE MR. SUSHIL KUMAR JUDICIAL MEMBER PRESENT: Dated : 04 Mar 2022 Final Order / Judgement Reserved State Consumer Disputes Redressal Commission U.P. Lucknow. Appeal No.1484 of 2009 The Oriental Insurance Co. Ltd., Regional Office, Hazratganj, Lucknow through the Manager. ...Appellant. 1- Sukhdeo Singh s/o Late Sri Harvansh Singh, R/o Village, Bela Jamime Banigawan, Tehsil Powayan, Disst: Shahjahanpur. 2- Bank of Baroda, Br. Powayan, Distt: Shahjahanpur through Manager. ....Respondents. Present:- 1- Hon'ble Sri Rajendra Singh, Presiding Member. 2- Hon'ble Sri Sushil Kumar, Member. Sri Alok Kumar Singh, Advocate for appellant. Sri Ashok Shukla, Advocate for respondent no.1. None for respondent no.2. Date 22.3.2022 JUDGMENT
Per Mr. Rajendra Singh, Member: This appeal has been filed by the appellant Under Section 15 of The Consumer Protection Act, 1986 against the judgment and order dated 22.7.2009 passed by the Learned District Forum, Shahjahanpur in Complaint Case no.13 of 2006, Sukhdeo Singh Vs. Oriental Insurance Co. Ltd. & anr.
The brief facts of the appeal are that, the a group insurance policy named "Janta Personal Accident Policy" and under this group policy 102 farmers were insured for a total sum of Rs.51,00,000.00. Thus, the sum insured in respect of each individual farmer was Rs.50,000.00. The ld. Forum has erred in awarding Rs.1,00,000.000 as compensation without there being any allegation in the claim petition or evidence in (2) support thereof that the sum insured was Rs.1,00,000.00. The complainant had not disclosed the sum insured separately but has sought a total sum of Rs.1,10,000.00 as compensation. The claim for compensation made in the complaint in respect of death of Harvansh Singh aged 70 years on 25.10.2004 as Village Bela District Shahjahanpur was completely fraudulent. Our investigator Sri M.S. Dhami vide its report dated 23.5.2005 had after in depth investigation reported that the "cause of death due to hit by buffalo can not be relied."
The following facts evident from the documents filed by the complainant himself before the ld. Forum conclusively show that the claim made in the complaint is a fraudulent and fabricated claim:
There is no information to the police, no injury report and no post-mortem report or any medical opinion to prove that any injury was caused to deceased Harvansh Singh or that his death was the result of injury caused to him by a buffalo. In short, there is no evidence on record to prove that the death of Harvansh Singh was result of an accident.
The alleged medical certificate of Dr. S.M. Mishra, Mishra Medical Hall, Powayan, District Shahjahanpur states that Dr. Mishra had visited the village of Harvansh Singh i.e. Village Bela on 25.10.2004 at 12 noon in order to examine and treat him. If further states that he had found Harvansh Singh dead and had not given any medicine and injections to him. The complainant (3) Sukhdeo Singh in his statement dated 4.4.2005 made to the investigator Sri M.S. Dhami states that he had taken his father Harvansh Singh, after he had sustained injuries on 25.10.2004 at 12 noon through buffalo, to Mishra Medical Hall, Powayan in an unconscious condition where the doctor had declared him dead. He further states on the next page that the doctor has the record of medicine and injections given to Haransh Singh on same day after the alleged accident.
The certificate of death in unauthorized as it was given by the Village Development Officer and not by the Registrar, Birth and Death, District, Shahjahanpur. The VDO has also committed forgery by mentioning against the column meant for date that the death of Harvansh Singh was caused by the injury caused by buffalo. Thus, this death certificate and in any case, that part of the certificate which speaks cause of death, is unauthorized and inadmissible in evidence. Prima facie said death certificate is a fake document prepared by VDO in collusion with complainant etc. The Book number and serial number has not been mentioned in the death certificate and this fact makes it evident that the proforma of death certificates has been used for making the death certificate dated 25.10.2004 by the VDO.
The alleged Panchnama dated 25.10.2004 executed by Sukhdeo Singh and nine other (4) villagers is nothing but afabricated unauthorized document and it contains highly interested statements of near relative and villagers of complainant Sukhdo Singh. This panchnama has no legal sanctity for the following reasons:-
S.40 Cr.P.C. lays down that "every officer employed in connection with the affairs of a village and every person residing in a village shall forthwith communicate to the nearest magistrate or the officer in charge of the nearest police station ........ The occurrence in or near such village of any sudden or unnatural death...... "
The mandatory provisions of S.40 could be complied with by any person who signed the panchnama or by any other villager or village-officer and, therefore, adverse inference shall be drawn against all concerned on account of such non-compliance.
S.174 of Cr.P.C. clearly provides that after getting such information, the officer in charge of the police station about any person being killed by an animal or by an accident shall proceed to the place where the body of such deceased person is and, shall conduct inquest (panchnama). It further provide that the officer in charge of the police station, may get the post-mortem of the dead body conducted.
In practice such post-mortem is always got conducted in case of unnatural death to remove any suspicion.(5)
The ld. Forum has grossly erred in believing the affidavits filed by the complainant on the untenable ground that the affidavit filed by Sri R.C. Arya for insurance company was based on legal advice. The ld. Forum erred in ignoring the fact that the evidence filed by complainant was self-contradictory and the affidavits filed by him were highly interested in nature. Therefore, it is prayed that the impugned judgment be set aside and the appeal be allowed.
We have heard the learned counsel for the appellant Sri Alok Kumar Singh and ld. Counsel for the respondent no. Sri Ahok Shukla. None appeared for the respondent no.2. We have perused the pleadings, evidence and documents available on record.
We have perused the impugned judgment. The complainant's father late Sri Harvansh Singh was a farmer and took loan from the opposite party no.2 and according to the said scheme he was insured for Rs.1 lac. On 25.10.2004, he was hit by buffalo and got seriously injured and was shows to Dr. Shyam Mohan Mishra in Powayan who declared him dead. After that, inquest report has been made and funeral took place. The information of death was given to the opposite party no.2 on 9.11.2004. Again information was given on 23.11.2004. On 23.3.2005, the Branch Manager, of the bank forwarded the claim with its recommendation to the opposite party no.1 but they did not make any payment.
The opposite party no.2 filed its written statement and stated that the complaint was not filed according to the conditions of the policy. The information regarding death of insured person was not given to the police station. The (6) inquest report is not according to law. No treatment has been taken by the deceased person, therefore, the claim of the complainant was repudiated. It is also not proved that the insured was hit by buffalo causing his death. The ld. Forum after discussing all aspects of the case held that there is no need to lodge FIR because no FIR can be lodged against a buffalo. The inquest report was prepared by the villagers and there was no need that it should have been done by police. Affidavits were filed. The complainant has stated that he took his father to the doctor who declared him dead. No cogent evidence has been shown by the insurance company that this death was not due to hit by buffalo, so grounds of death put forward by the complainant must be accepted. Death can be questioned and not a single document has been filed by the opposite party to show that the death certificate or date of death is fake. The ld. District Forum has discussed all these facts and then pronounced its judgment. We find no ground to interfere in this judgment. Hence, the appeal is liable to be dismissed with costs.
ORDER The appeal is dismissed with costs. The judgment and order dated 22.7.2009 passed by the Learned District Forum, Shahjahanpur in Complaint Case no.13 of 2006 is confirmed.
The stenographer is requested to upload this order on the Website of this Commission today itself.
Certified copy of this judgment be provided to the parties as per rules.
(Sushil Kumar) (Rajendra Singh)
Member Presiding Member
(7)
Judgment dated/typed signed by us and pronounced in the open court.
Consign to record.
(Sushil Kumar) (Rajendra Singh)
Member Presiding Member
Jafri, PA II
Court 2
[HON'BLE MR. Rajendra Singh] PRESIDING MEMBER
[HON'BLE MR. SUSHIL KUMAR] JUDICIAL MEMBER