MANJIT RANI Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) It is an appeal against the order dated 27.12.1999 of the District Consumer Disputes Redressal Forum, Amritsar (hereinafter called the District Forum ).

(2.) Brief facts stated in the complaint are that the Assistant Sub-Inspector Avtar Chand, late husband of the appellant-complainant Smt. Manjit Rani (hereinafter called the complainant) was working at Amritsar under the Senior Superintendent of Police, Amritsar. It was alleged in the complaint that all the officials on the active roll of the department were to be covered under the Personal Accident Claim Policy with respondent No.1-opposite party No.1 (Insurance Company) (hereinafter called opposite party No.1) en masse. The complainant alleged that respondent No.2- opposite party No.2-the Senior Superintendent of Police, Amritsar (hereinafter called opposite party No.2) was responsible to take the insurance premium from the salary of the police personnel on the active roll/strength of each district and the premium was to be paid in lumpsum covering risk for the whole year. Senior Superintendent of Police was to remit the amount deducted from the salary of all the employees working under him to the concerned Insurance Company. The Senior Superintendent of Police was responsible to get policy renewed as and when it fell due and it was also averred in the complaint that in case of any accident or mishappening the Senior Superintendent of Police was supposed to take the matter well in time with the Insurance Company and to get the claim settled and to ensure the payment of claim amount to the legal heirs entitled to receive the amount. It was then alleged in the complaint that ASI Avtar Chand deceased was not insured vide policy No.1235150104524 dated 25.9.1992 with the opposite party No.1 and the office of opposite party No.2 i. e. Senior Superintendent of Police, Amritsar had deducted the premium from the salary of late Avtar Chand ASI and other police personnel who were got insured vide the above said policy with opposite party No.1 by opposite party No.2. Avtar Chand ASI met with an accident while travelling in a bus from Amritsar to Pathankot and became unconscious. He was brought to Amritsar and was got admitted in Government Hospital, Amritsar known as SGTB Hospital on the evening of 25.9.1992. He was referred to CMC, Ludhiana in police ambulance on 26.9.1992. Avtar Chand, ASI unfortunately succumbed to his injuries and died on 1.10.1992. His post-mortem examination was conducted in Civil Hospital, Ludhiana and a report in the Daily Diary Register was also recorded in the Police Station, Ludhiana. Dead body of Avtar Chand was brought to Amritsar and was cremated with full police honours on 1.10.1992. It was then stated in the complaint that the complainant Smt. Manjit Rani was told verbally by the officials posted in the office of Senior Superintendent of Police, Amritsar that Avtar Chand ASI was insured for Rs.75,000/- with Insurance Company-opposite party No.1 and the office of the Senior Superintendent of Police had not paid anything to the complainant in spite of several visits and written requests to the office of the Senior Superintendent of Police, Amritsar. Following directions were sought by the complainant in her complaint: (I) Direction to the O. P. to pay Rs.75,000/- in respect of Personal Accident Policy of Avtar Chand with interest at the rate of 24% per annum till the date of payment; (II) Compensation of Rs.1,00,000/-; (III) Costs of proceedings of Rs.5,000/-; (IV) Any relief. Shri Jawahar Lal son of Shri Joginder Nath, attorney of the complainant had filed an affidavit to support the complaint.

(3.) In the reply filed competency of Shri Jawahar Lal to file the complaint was disputed. The complaint was sought to be time-barred. It was denied that the Senior Superintendent of Police had obtained Group Insurance Policy, which covered Avtar Chand ASI and as such opposite party No.1 did not accept the liability to pay anything to the complainant. Prayer was made to dismiss the complaint.