NEW INDIA ASSURANCE CO.LTD Vs. RAM PIARI

JUDGEMENT

(1.) Appellant is aggrieved from the order dated 20.1.2006 in Consumer Complaint No. 85 of 2003, passed by the District Forum, Bilaspur, Camp at Ghumarwin. By means of impugned order appellant has been held liable for payment of Rs. 1,00,000/ - with 9% interest from the date of filing of the complaint i.e. 7.6.2003 till its realisation besides cost of Rs.2,000/ -.

(2.) Facts which are relevant for deciding this appeal are being briefly noted. Deceased was employed with respondent Nos. 2 to 4. H.P. State Electricity Board had issued instructions to all Chief Engineers of the Projects as far back as on 20.2.1996. It may be appropriate to mention that at that point of time under the heading coverages the policy was to cover (I) "death. This instruction is of dated 20.2.1996 from the Secretary H.P. SEB, Shimla -4 on the subject "INSTURCTION OF JANTA PERSONAL ACCIDENT INSRUANCE SCHEME TO THE DAILT WAGERS AND WORK CHARGE WORKERS OF HP. SEB." One of the clauses of these instructions was to the following effect: - "The total number of daily waged/work -charged workers in the Board is 7500 and the premium at the rate of Rs.45.75 per worker, per year will be paid to the Insurance Company in advance by the Board every year till the policy is in rogue and shall be recovered from the wages of each beneficiary immediately. For those workers who join the said scheme after its commencement, prorata premium would be paid on bimonthly (sic -monthly) review basis. A nominal advance shall be deposited as security for those workers who join after its commencement. The security after adjustment shall be refunded at the termination of the policy. Hence total amount of premium for the year w.e.f. 25.1.1996 comes to Rs.3,43,125/ -+ Rs.1000/ - = Rs.3,44,125/ -. The amount of Rs. 10007 - is towards security for those who join after commencement of the scheme. This security after adjustment shall be refunded at the termination of the policy. The Drawing limit for the said purpose for an amount of Rs.3,44,125/ - is being released separately. The above amount may be got deposited with the New India Assurance Company Ltd., immediately through the Executive Engineer, Maintenance Division, H.P SEB, Shimla and the amount may be charged to the Head "Suspense Account" against the said Division in the 1st instance and recovered from the concerned Drawing and Disbursing Officers immediately. The specimen copies of intimation of death etc. and claim form are enclosed herewith for ready reference. You are, therefore, requested to please take immediate necessary action under intimation to this office."

(4.) Between respondent No.1 on one side and respondent Nos. 2 to 4 on the other, it is not further disputed that Dila Ram husband of the respondent -complaint died on 22.5.2001 and death was natural.