SAHARA INDIA Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS appeal is directed against order dated 30.12.2009 of District Consumer Disputes Redressal Forum, Rajnandgaon (hereinafter called as "District Forum" for short), in Complaint Case No. 09/2009, whereby the appellants herein, have been directed to pay the accidental benefit under the insurance policy to the complainant/respondent No. 2 of Rs. 1,50,000, along with interest @ 6% p.a. w.e.f. 30.3.2007 till date of payment and cost of litigation Rs. 1,000 with further direction that appellants will recover this amount from the Insurance Company i.e. respondent No. 1

(2.) IT is not in dispute that wife of the complainant namely Smt. Geeta Devi Khandelwal invested Rs. 10,000 in Sahara Rajat Yojna of the appellants on 30.7.2003. For the members of that Scheme, the appellants herein, had obtained insurance policy from the National Insurance Company and under the terms of the policy in case of accidental death of the person, a sum of Rs. 50,000 is payable after a period of one year but before the period of two years, a sum of Rs. 1,00,000 after period of two years but before the period of three years, a sum of Rs. 1,50,000 after three years but before the period of four years and a sum of Rs. 2,00,000 after four years but before the period of 10 years. Smt. Geeta Devi Khandelwal died on 30.3.2007 in a road accident. Intimation of her death was given to the appellants by her husband and appellant paid death maturity amount of Rs. 13,970 to her husband, but amount of accidental benefit, was not provided and he was assured that document for payment of that amount was sent to the Head Office of the appellant company and the amount would be paid very soon. Later on, when for a long time, amount was not paid, then consumer complaint was filed.

(3.) RESISTING the complaint, the appellants herein have averred that the premium of the insurance was paid by the appellants to the Insurance Company/respondent No. l and thereafter it was responsibility of the Insurance Company to pay that benefit available under the insurance policy. Appellants are not liable for paying any amount under this head and for this purpose complainant was not consumer of the appellants. Objection regarding maintainability of the complaint was also taken. The Insurance Company took the stand that no claim was preferred before it by any party nor intimation of death of Smt. Geeta Devi Khandelwal was sent to the Insurance Company and, therefore, it committed no deficiency in service.