NEW INDIA ASSURANCE COMPANY Vs. GANGA KULERA

JUDGEMENT

(1.) THIS is insurer's appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 9.12.2010 passed by the District Forum, Nainital in consumer complaint No. 120 of 2009, whereby the District Forum has allowed the consumer complaint and directed the opposite party -appellant, The New India Assurance Company Limited, to pay sum of Rs. 1,00,000 to the complainant -respondent towards Personal Accident Insurance of her deceased husband late Sh. Jagdish Chandra Singh Kulera together with interest @ 6% p.a. pendente lite and future and Rs. 3,000 towards litigation expenses.

(2.) BRIEFLY stated, the facts of the case as mentioned in the consumer complaint, are that late Sh. Jagdish Chandra Singh Kulera, the deceased husband of the complainant, was the owner of motorcycle bearing registration No. UA04/3434, which was insured with The New India Assurance Company Limited for the period from 28.9.2007 to 27.9.2008. Under the said policy, the owner -cum -driver was also provided Personal Accident Insurance Cover for sum of Rs. 1,00,000. On 6.10.2007, when the husband of the complainant was coming from Hald wani to his village, the motorcycle slipped near Nainital -Almora Kshetriya Gramin Bank, Daulatpur. In the said accident the husband of the complainant died on the spot. The Panchnama was prepared by the Village Pradhan and Member of Kshetra Panchayat and other persons of the village and thereafter the funeral was done. Thereafter, the claim was lodged with the Insurance Company and submitted all the relevant documents with the Insurance Company, but the Insurance Company did not settle the claim. Alleging deficiency in service on the part of the Insurance Company, the complainant filed a consumer complaint before the District Forum, Nainital.

(3.) THE Insurance Company filed written statement before the District Forum and pleaded that the intimation of the accident was given by the complainant to the Police Station, Chorgalia, District Nainital on 26.10.2007 after a period of 20 -21 days from the occurrence. No Panchnama was prepared by the police, nor death certificate was issued by any medical practitioner. It was also pleaded that vide letters dated 8.2.2008 and 20.2.2008, explanation was sought from the complainant for delay in lodging the FIR and not subjecting the dead body to post -mortem, but the complainant did not give any reply, on account whereof, the claim file was closed. It was further pleaded that if the death of the insured was unnatural and was an accidental death, the villagers must have informed the police and the police would have taken the dead body into custody and subjected the dead body to post -mortem, but it was not done and without post -mortem, it cannot be said that the deceased died an accidental death.