MANAGER, ORIENTAL INSURANCE CO LTD Vs. SEVATI SAHU

JUDGEMENT

(1.) APPEAL No. FA/12/654, has been filed against order dated 28.09.2012, passed by District Consumer Disputes Redressal Forum, Raipur (henceforth called "District Forum" for short) in Complaint Case No.176/2011. By the impugned order, learned District Forum has partly allowed the complaint and directed O.P. nos.1&2 / appellants herein, to pay a sum of Rs.2,00,000/ - along with interest @ 6% p.a. from the date of the complaint till date of payment and Rs.1,000/ - as cost of advocate fee and cost of litigation to the complainant / respondent no.1.

(2.) SIMILAR orders have been passed in Complaint Case Nos. 194/2011, 546/2011, 547/2011, 974/2011 and 127/2011 on 28.09.2012 and O.P.Nos.1 and 2 / appellants herein, have been directed : -

(3.) IN brief, the case of the complainant/respondent no.1 before the District Forum, are as under : - Complaint Case No.176/2011 (Appeal No. FA/12/654) : The complainant Smt. Sevati Sahu, is widow of deceased Premlal Sahu. The deceased Premlal Sahu, was insured with O.P. Nos.1 & 2 under Group Janta Personal Accident Insurance Policy and Policy No.152308/48/2009/2068, was obtained by deceased Premlal Sahu and the duration of the insurance policy, was from 25.02.2009 to 24.02.2010. The insured amount is to the tune of Rs.2,00,000/ -. According to the insurance policy, when the insured shall die in an accident, then his Legal Representative (nominee) shall be entitled for sum of Rs.2,00,000/ - and in case of physical injuries to the insured in the accident, the legal representative (nominee) shall be entitled for Rs.40,000/ - as compensation. The insurance policy was obtained by the deceased Premlal Sahu, through O.P.No.3. On 11.09.2009, the husband of the complainant Premlal Sahu, met with a road accident near Chotu Garage, Ganjpara, Durg when driver of an unknown vehicle dashed him by driving the vehicle rashly and negligently and the insured died on the same day. The matter was reported to the Police Station, Durg, where merg intimation no.76/09 was recorded and crime no.521/09 for offence under section 304A IPC was also registered. The dead body of the deceased was sent to District Hospital, Durg for post mortem examination and post mortem was conducted on the dead body of the deceased. The complainant, who is legal representative (nominee) of the deceased made claim O.P. No.1 & 2 but the O.P. Nos.1 & 2 repudiated the claim of the complainant. The complainant filed complaint before the District Forum, Raipur and learned District Forum allowed the complaint of the complainant and directed the O.P.Nos.1 & 2 to pay Rs.2,00,000/ - along with interest @ 6% p.a. from the date of filing of the complaint till date of payment and also awarded Rs.1,000/ - as Advocate fees and cost of litigation. Complaint Case No.194/2011 (Appeal No. FA/12/655) The complainant Smt. Lomas Sahu, is widow of deceased Yograj Sahu,. The deceased Yograj Sahu was insured with O.P. Nos.1 & 2 under Group Janta Personal Accident Insurance Policy and Policy No.152308/48/2009/1917 was obtained by deceased Yograj Sahu and the duration of the insurance policy was from 03.02.2009 to 02.02.2010 and insured amount is to the tune of Rs1,00,000/ -. According to the insurance policy, when the insured shall die in an accident, then his Legal Representative (nominee) shall be entitled for sum of Rs.1,00,000/ - and in case of physical injuries to the insured in the accident, the legal representative (nominee) shall be entitled for Rs.20,000/ - as compensation. The insurance policy was obtained by the deceased Yograj Sahu, through O.P.No.3. On 16.11.2009 deceased was driving the motorcycle bearing registration No.C.G.07/L.K. 9270 and one Mohan Singh was riding as pillion rider, when they reached near in front of Ayurvedic College, G.E. Road, Somni, an unknown vehicle which was being driven by the driver negligently and rashly dashed the motorcycle. Yograj Singh and Mohan Singh both died at the spot due to the accident. The matter was reported to the Police Station, Somni, where Merg No.55/09 was recorded and Crime No.283/09 for offence under section 304A IPC was also registered. The dead body of the deceased was sent to District Hospital, Rajnandgaon for post mortem examination and post mortem was conducted on the dead body of the deceased. The complainant, who is legal representative (nominee) of the deceased made claim before O.P. No.1 & 2 but the O.P. Nos.1 & 2 repudiated the claim of the complainant. The complainant filed complaint before the District Forum, Raipur and learned District Forum allowed the complaint of the complainant and directed the O.P.Nos.1 & 2 to pay Rs.1,00,000/ - along with interest @ 6% p.a. from the date of filing of the complaint till date of payment and also awarded Rs.1,000/ - as Advocate fees and cost of litigation. Complaint Case No.546/2011 (Appeal No. FA/12/656) : The complainant Vinita Kristofar, is niece (Bhanji) of deceased Smt. Alizabeth Paul. The deceased was insured with O.P. Nos.1 & 2 under Group Janta Personal Accident Insurance Policy and Policy No.153308/48/2010/73 was obtained by deceased Smt. Alizabeth Paul and the duration of the insurance policy was from 18.04.2009 to 17.04.2010. The insured amount is to the tune of Rs.2,00,000/ -. According to the insurance policy, when the insured shall die in an accident, then her Legal Representative (nominee) shall be entitled for sum of Rs.2,00,000/ - and in case of physical injuries to the insured in the accident, the legal representative (nominee) shall be entitled for Rs.40,000/ - as compensation. The insurance policy was obtained by the deceased Smt. Alizabeth Paul through O.P.No.3. On 26.07.2009 when deceased was riding in motorcycle bearing registration No.C.G.07/L.D. 0363 as pillion rider and motorcycle was being driven by one Harishchandra Sahu, when they reached near District Government Hospital, Durg a truck bearing registration No.C.G.07/Z.C. -3594 coming from front side which was being driven by the driver negligently and rashly, dashed the motorcycle. Smt. Alizabeth Paul, died due to the accident. The matter was reported to the Police Station, Durg, where merg intimation no.61/09 was recorded and Crime No.381/09 for offence under sections 279 and 304A IPC was also registered. The dead body of the deceased was sent to District Hospital, Durg for post mortem examination and post mortem was conducted on the dead body of the deceased. The complainant, who is legal representative (nominee) of the deceased made claim O.P. No.1 & 2 but the O.P. Nos.1 & 2 repudiated the claim of the complainant. The complainant filed complaint before the District Forum, Raipur and learned District Forum allowed the complaint of the complainant and directed the O.P.Nos.1 & 2 to pay Rs.2,00,000/ - along with interest @ 6% p.a. from the date of filing of the complaint till date of payment and also awarded Rs.1,000/ - as Advocate fees and cost of litigation. Complaint Case No.547/2011 (Appeal No. FA/12/657) : The complainant Smt. Shiv Kumari Sahu, is widow of deceased Maluram Sahu. The deceased was insured with O.P. Nos.1 & 2 under Group Janta Personal Accident Insurance Policy and Policy No.152308/48/09/1653 was obtained by deceased Maluram Sahu and the duration of the insurance policy was from 26.12.2008 to 25.12.2009. The insured amount is to the tune of Rs2,00,000/ -. According to the insurance policy, when the insured shall die in an accident, then her Legal Representative (nominee) shall be entitled for sum of Rs.2,00,000/ - and in case of physical injuries to the insured in the accident, the legal representative (nominee) shall be entitled for Rs.40,000/ - as compensation. The insurance policy was obtained by the deceased Maluram Sahu through O.P.No.3. On 18.05.2009 when deceased was pouring water in the roof of his house, he came to contact of the electric wire and he was injured. He was brought to District Hospital, Durg for treatment, where he died on 18.05.2009. Maluram Sahu, died due to electrocution. The matter was reported to the Police Station, Durg, where merg intimation no.30/09 was recorded. The dead body of the deceased was sent to District Hospital, Durg for post mortem examination and post mortem was conducted on the dead body of the deceased. The complainant, who is legal representative (nominee) of the deceased made claim O.P. No.1 & 2 but the O.P. Nos.1 & 2 repudiated the claim of the complainant. The complainant filed complaint before the District Forum, Raipur and learned District Forum allowed the complaint of the complainant and directed the O.P.Nos.1 & 2 to pay Rs.2,00,000/ - along with interest @ 6% p.a. from the date of filing of the complaint till date of payment and also awarded Rs.1,000/ - as Advocate fees and cost of litigation. Complaint Case No.974/2011 (Appeal No. FA/12/658) : The complainant Smt. Lata Bai Yadav, is widow of deceased Shiv Kumar Yadav. The deceased was insured with O.P. Nos.1 & 2 under Group Janta Personal Accident Insurance Policy and Policy No.152308/48/2010/73 was obtained by deceased Shiv Kumar Yadav and the duration of the insurance policy was from 18.04.2009 to 17.04.2010. The insured amount is to the tune of Rs.2,00,000/ -. According to the insurance policy, when the insured shall die in an accident, then her Legal Representative (nominee) shall be entitled for sum of Rs.2,00,000/ - and in case of physical injuries to the insured in the accident, the legal representative (nominee) shall be entitled for Rs.40,000/ - as compensation. The insurance policy was obtained by the deceased Shiv Kumar Yadav through O.P.No.3. On 14.01.2010 when deceased was going to Panduka from Pod by his motorcycle bearing registration No.C.G.04 -D.J.9241, a Hero Honda motorcycle bearing registration No.C.G.04 -D.J.7977 coming from front side which was being driven by the driver negligently and rashly, dashed the motorcycle of the deceased Shiv Kumar Yadav. Shiv Kumar Yadav died due to the accident. The matter was reported to the Police Station, Rajim where merg intimation no.7/2010 was recorded and Crime No.16/2010 for offence under sections 279, 337 and 304A IPC was also registered. The dead body of the deceased was sent to Dr. B. R. Ambedkar Hospital, Raipur for post mortem examination and post mortem was conducted on the dead body of the deceased. The complainant, who is legal representative (nominee) of the deceased made claim O.P. No.1 & 2 but the O.P. Nos.1 & 2 repudiated the claim of the complainant. The complainant filed complaint before the District Forum, Raipur and learned District Forum allowed the complaint of the complainant and directed the O.P.Nos.1 & 2 to pay Rs.2,00,000/ - along with interest @ 6% p.a. from the date of filing of the complaint till date of payment and also awarded Rs.1,000/ - as Advocate fees and cost of litigation. Complaint Case No.127/2011 (Appeal No. FA/12/659) : The complainant Smt. Pushpa Jain, is widow of deceased Rajesh Jain. The deceased was insured with O.P. Nos.1 & 2 under Group Janta Personal Accident Insurance Policy and Policy No.152308/48/2010/4 was obtained by deceased Rajesh Jain and the duration of the insurance policy was from 03.04.2009 to 02.04.2010 and insured amount is to the tune of Rs.2,00,000/ -. According to the insurance policy, when the insured shall die in an accident, then his Legal Representative (nominee) shall be entitled for sum of Rs.2,00,000/ - and in case of physical injuries to the insured in the accident, the legal representative (nominee) shall be entitled for Rs.40,000/ - as compensation. The insurance policy was obtained by the deceased Rajesh Jain, through O.P.No.3. On 22.05.2009 when deceased was coming to his house after taking milk from his scooty bearing registration No.C.G.04 -DF -5893, then the driver of a Hero Honda motorcycle bearing registration No.C.G.04 -C -6552, who was driving the vehicle negligently and rashly, dashed the motorcycle of the deceased Rajesh Jain and fell down there and was crushed by a tractor bearing registration no.C.G.04.D/3127. Rajesh Jain died due to the accident. The matter was reported to the Police Station, Bhatapara where Crime No.179/09 for offence under sections 279, 337 and 304A IPC was registered. The dead body of the deceased was sent to Dr. C.H.C. Bhatapara, for post mortem examination and post mortem was conducted on the dead body of the deceased. The complainant, who is legal representative (nominee) of the deceased made claim O.P. No.1 & 2 but the O.P. Nos.1 & 2 repudiated the claim of the complainant. The complainant filed complaint before the District Forum, Raipur and learned District Forum allowed the complaint of the complainant and directed the O.P.Nos.1 & 2 to pay Rs.2,00,000/ - along with interest @ 6% p.a. from the date of filing of the complaint till date of payment and also awarded Rs.1,000/ - as Advocate fees and cost of litigation.