SMITA MADHAV PATKI Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) Petitioner/complainant aggrieved by order dated 10.8.2010, passed by Maharashtra State Consumer Disputes Redressal Forum, Mumbai (short, "State Commission") has filed the present revision petition. Along with it, an application seeking condonation of delay of 165 days has also been filed.

(2.) Brief facts are that Late Madhav husband of petitioner was a Junior Engineer with erstwhile Maharashtra State Electricity Board. He was beneficiary of Group Insurance Janata Personal Accident policy issued by respondent/opposite party, which was taken in the name of Maharashtra State Electricity Board Stall Welfare Fund. When the said policy was in force, he met with an accident on 9.11.1999 and died. Through the employer, insurance claim was made under the above referred policy. However, said employer did not forward the claim application to the Insurance company. Therefore, petitioner herself lodged the claim, which stood repudiated in the month of October, 2007. Thereafter, consumer complaint was filed.

(3.) Respondent no.1/op-1 repudiated the claim stating that it was a stale action. Since, the claim was not preferred within the stipulated time, as per the policy terms and conditions, the same stood abandoned and not recoverable.