NATIONAL INSURANCE COMPANY LIMITED Vs. KHURSHIDA BANO

JUDGEMENT

(1.) This Revision Petition has been filed against the impugned Order dtd. 5/10/2023 passed by the Ld. State Consumer Disputes Redressal Commission, Uttar Pradesh in Appeal No. 1232/2023, vide which the Appeal filed by the Petitioner was dismissed, and the Order of the Ld. District Forum was upheld.

(2.) The factual background, in brief, is that the Complainant is the wife of Late Mr. Bakar Ali, who worked as a Guard on a contractual basis for Scooter India Company, and was also a farmer. On 26/1/2018, he was returning home after completing his duty at around 7:30 PM when he was hit by an unidentified vehicle while crossing the road, resulting in severe injuries. He was taken to Lokbandhu Hospital by nearby persons and subsequently referred to Trauma Medical Lucknow (KGMU). Unfortunately, he succumbed to his injuries. As a farmer, he was insured under the Mukhyamantri Kisan Evam Sarvahit Bima Yojna. Being head of the family, he was covered under this scheme, and upon his death, the Complainant submitted a claim under this insurance scheme on 2/5/2018. She deposited the claim form at Sarojini Nagar Tehsil, along with necessary documents, including the Family Register, Khasra, Khatoni, a spot report by the SHO Krishna Nagar, and other requisite documents. The claim was verified and endorsed by the Lekhpal Kanungo, the Tehsildar of the concerned area, and the SDM Sarojini Nagar. The verified claim form was then submitted to the DM Lucknow, who forwarded it to the Manager, National Insurance Co. Ltd., on 28/8/2018. Despite this, the claim was not processed even after four months, leading to significant financial hardship for the Complainant and her family. Upon receiving no response, the Complainant issued a Legal Notice on 1/12/2018 through her Advocate, demanding the claim amount along with interest. In response, the Branch Manager of the Insurance Company informed the Complainant on 30/11/2018 that her claim had been rejected. Aggrieved by the non-payment and wrongful rejection of the claim, the Complainant filed her complaint before the Ld. District Forum-II, Lucknow.

(3.) The District Forum vide its Order dtd. 30/1/2021 partly allowed the complaint and directed to pay to the Complainant the sum of Rs.5,00,000.00 with interest @ 9% p.a. along with Rs.15,000.00 and Rs.10,000.00 towards mental agony. The Petitioner then filed Appeal before the Ld. State Commission, which dismissed the same and affirmed the Order of the District Forum. The relevant extracts of the impugned Order are set out as below -