LAWS(NCD)-2002-12-33

NITISH KUMAR Vs. UNITED INDIA INSURANCE CO LTD

Decided On December 10, 2002
NITISH KUMAR Appellant
V/S
UNITED INDIA INSURANCE CO. LTD. Respondents

JUDGEMENT

(1.) THIS is a classic case which shows to what extent provisions of the Consumer Protection Act, 1986 can be misused. In this complaint there are three different claims : (i) for Rs. 3.36 crores by the father of the deceased worker; (ii) Rs. 1.44 lakhs again by the father of the deceased worker; and (iii) for rent by way of compensation amounting to Rs. 10.00 lakhs by Pramila Devi, owner of the shop premises where the worker who died was employed. It is alleged that Pramila Devi in the name of M/s. Pramila Devi was running a cement godown/shop which was insured with the opposite parties-Insurance Company. The insured amount was Rs. 50,000/-. It is alleged that on 2.9.2000 water pipe in the premises where the shop was located got burst and 325 bags of cement were damped which were of the value of Rs. 48,000/-. On 8.9.2000 it was found that there were lot of snakes in the shop premises as cement by that time had become solid. Because of snake bites 20 persons received injuries out of which 8 persons died and 12 persons were cured. It is alleged that under the Workmen's Compensation Act employees will be entitled to claim compensation. That may be so but for that purpose compensation under the Workmen's Compensation Act is to be looked into on a complaint filed for the compensation. It is not understood how claims for crores of rupees can be lodged in the National Commission. We find the complaint to be thoroughly misuse of the process of law. It is dismissed. Complaint dismissed.