GOVERNMENT OF H.P. Vs. LATA SAINI

JUDGEMENT

(1.) In this revision petition, there is challenge to order dated 1.7.2010, passed by Himachal Pradesh State Consumer Disputes Redressal Forum, Shimla (short, "State Commission") vide which appeal of respondent nos.1 to 5/complainants was allowed.

(2.) Brief facts are that Late Shri Jagat Ram Saini, husband of respondent no.1 and father of respondents nos.2 to 5, was working as Drawing Teacher with petitioner no.3/OP no.3, whereas petitioner nos.1 and 2/OPs no.1 and 2 were his employer. Respondent no.6/OP no.4 is the insurance company, with whom deceased was insured under Group Personal Accident Insurance Scheme for an amount of Rs.2.00 lacs, vide notification dated 24.02.2006. It is alleged that deceased died in harness on 10.07.2006 while in active service. After his death petitioners were requested to release the insurance premium in complainant's favour, which they failed to do so. Hence, feeling aggrieved it is averred by the complainants that there is deficiency in service on the part of the petitioners.

(3.) Petitioners, in their written version raised preliminary objections vis- -vis maintainability of the complaint, lack of cause of action, limitation, jurisdiction etc. On merits, it is admitted that Shri Jagat Ram was serving as drawing teacher who died in car accident. It is also admitted that deceased was assured for Rs.2.00 lacs on payment of premium of Rs.91/- per annum under Group Personal Accident Insurance Scheme. However, renewal amount of Rs.70/- could not be deducted from the deceased salary.