NATIONAL INSURANCE COMPANY LIMITED Vs. R S SUMAN

JUDGEMENT

(1.) THIS is an appeal against the order dated 24.12.2004 passed by the District Forum, Dehradun whereby the complaint of the complainants was allowed.

(2.) THE brief facts of the case are that the complainant Nos. 1 and 2 are the parents of deceased Sh. Bhupesh Kumar and the complainant No. 3 is his sister and complainant No. 4 is his brother. Bhupesh Kumar was getting education in D.A.V. (P.G.) College, Dehradun in M.Sc. first year (Maths). He took admission on 28.3.1999 and on the same date along with the fee of the college, he deposited the insurance premium also, which was being taken from all the students for the purposes of insurance. Sh. Bhupesh Kumar died on 25.4.1999 in a road accident. The complainant claimed the amount of insurance from the opposite parties, D.A.V. (P.G.) College and National Insurance Co. Ltd., wherefrom he was insured. The claim was repudiated by the Insurance Company on the ground that the premium has been deposited in October 1999 after the death of the victim. Thereafter the complainants filed the complaint, in which both the D.A.V. (P.G.) College as well as the National Insurance Company filed written statement and contested the complaint and took the same plea on which the claim was repudiated.

(3.) THE D.A.V. (P.G.) College has admitted the admission of Sh. Bhupesh Kumar, his death in accident and also taking of the insurance amount. However, denied the liability to pay the amount. It is alleged that in view of the Govt. Notification dated 28.2.1997, the students of the college are insured. It is further admitted that the entire premium amount of all the students has been paid to the Insurance Company by Bank Draft on 8.10.1999, which has been accepted by the Insurance Company. It is further pleaded in para 13 of the additional pleas that for the purposes of insurance, D.A.V. (P.G.) College is the agent of the Insurance Company but it is not an agent in general.