SHAKUNTLA DEVI Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) Petitioner/Complainant has filed this petition under section 21(b) of the Consumer Act,1986 (for short, 'Act') challenging order dated 30.08.2011, passed by Haryana State Consumer Disputes Redressal Commission, Panchkula (for short, 'State Commission')

(2.) Brief facts are, that Mr. Sohan Lal-husband of petitioner who was a labourer had sustained fatal injuries caused by a stray bull and as such died on 19.02.2004. It is stated that prior to the death of deceased, a Scheme had come into force called "Devi Rakshak, Ch. Devi Lal Jan Suraksha Bima Yojna". As per this Scheme, persons who were in the age group of 18 to 65 years and have died unnatural death and were bread earner of the family and their names appeared in the voter list or ration card, were entitled to compensation to the tune of Rs. 1 lac. The case of deceased is fully covered under the 'Scheme'. However, Respondents/Opposite Parties rejected the claim of the petitioner, without assigning any reason. Hence, consumer complaint was filed on behalf of the petitioner seeking a sum of Rs. 1 lac as compensation. Besides this, Rs. 50,000/- were claimed as compensation for mental and physical harassment and Rs. 10,000/- as cost along with 12% interest.

(3.) Respondent No.1/Opposite Party No.1 in its written statement took the plea that deceased had not died due to hitting of the bull as claimed by the petitioner. In fact, deceased was ill for few days and the cause of death was due to sickness. Since, it was not a case of unnatural death, deceased was not covered under the 'Scheme'.