ORIENTAL INSURANCE COMPANY LIMITED Vs. CHANDRALATA CHANDRAKAR

JUDGEMENT

(1.) THESE appeals, under Section 15 of the Consumer Protection Act, 1986 are directed against the orders by District Consumer Disputes Redressal Forum, Durg (hereinafter called the District Forum for short) in complaints as per details given below:

(2.) THE undisputed relevant facts stated in brief are that the complainants in all the complaints are the legal representatives of the deceased. The deceased in all the complaints were members of the Steel Workers Union (INTUC -Bhilai). The said union negotiated with the appellant insurer and it was agreed that the appellant insurer will insure the members of Steel Workers Union, Bhilai on their paying premium amount as per terms of the Group Insurance Policy known as "Janta Personal Accident Insurance Policy" (hereinafter called the 'Janta Policy ). It is also not in dispute that the deceased in all the complaints as members of the Steel Workers Union, Bhilai had paid the premium for obtaining the said insurance policy. Certificate of insurance was also issued by the appellant/insurer in favour of the said deceased persons. It is also not in dispute that under the said policies, the appellant had assured that an amount of Rs. 5.00 lakhs would be paid in case of death by accident of the person covered by the said policy. The said policy was to remain in force from 9.1.1999 to 8.1.2011. It is also not in dispute that the predecessors of the complainants after obtaining the said policy died due to accident. On the death of the insured covered under the said policies, the complainants in each of the complaints laid claim before the appellant/insurer for payment of the assured amount of Rs. 5.00 lakhs. The claims were, however, repudiated by the appellant/insurer on the ground that they had already cancelled the policy as per their letter dated 26.11.2001 addressed to the Steel Workers, Union, Bhilai and, therefore, they are not liable to pay the assured amount under the said policy.

(3.) THE complainants in each of the complaints, therefore, lodged separate complaints as above. According to them the assured amount of the insurance policy was payable to them.