NATIONAL INSURANCE COMPANY Vs. GEETA DEVI AND OTHERS

JUDGEMENT

(1.) This is a Ist Miscellaneous Appeal against the order dated 27.03.2008 passed by the Jammu & Kashmir State Consumer Disputes Redressal Commission, Jammu, whereby the complaint has been allowed and the appellant company has been directed to pay an amount of Rs. 10 lakhs with interest @ 6% per annum from the date of accident till the final payment is made along with litigation charges of Rs.5000/-.

(2.) Briefly stated the material facts are as under:-

(3.) A complaint came to be filed by the successors-in-interest of deceasedSanjeev Kumar Sharma before the Jammu & Kashmir State Disputes Redressal Commission, Jammu. In the complaint it was averred that the deceased was employed as Assistant Engineer/ Site Inspector with respondent no.3, which was an associated company of the principal contractor, respondent no.4. It was stated that the deceased was entrusted with the duty to maintain the quality control of the material which was being used by the contractor and the principal contractor for the construction of a dam on river Chenab known as 'Baglihar Hydro Electric Project, Chanderkot'. It was stated that on 29th September, 2002, the deceased was on official duty relating to project work but unfortunately met with a road accident at Gangyal near National Highway, Jammu, and died on the spot. It was stated that the deceased was being paid Rs.7500/- per month and as per the insurance policy obtained by respondent no.3, the deceased was insured for a sum of Rs.10 lakhs for the risk of his life. It was pursuant to the rejection of the claim by the insurance company that forced the complainants to approach the Consumer Commission.