UNITED INDIA INSURANCE CO LTD Vs. KUSUM CHATURVEDI

JUDGEMENT

(1.) THIS appeal under Section 15 of the Consumer Protection Act, 1986, is directed against the order dated 25.11.2003, in Complaint No. 386/2002, by the District Consumer Disputes Redressal Forum, Durg (hereinafter called the District Forum for short) directing that the appellant/insurer as well as respondent No. 4 - Hindi daily newspaper Nav Bharat would be jointly and severally liable to pay to the assured an amount of Rs. 60,000 with interest @ 6% as also Rs. 10,000 as compensation for mental harassment to the complainant/respondent Nos. 1 to 3 herein.

(2.) INDISPUTABLY , Pradeep @ Pappu Chaturvedi -the husband of respondent No. 1 and father of respondent Nos. 2 and 3, was a subscriber of respondent No. 4 Nav Bharat newspaper. The respondent No. 4 floated and published a scheme (Annexure -1) by which, it was proposed that those subscribers of Nav Bharat newspaper shall be entitled to Personal Accident Insurance cover for a period of one year who would pay its subscription for 3 months. It is also not in dispute that Pappu @ Pradeep Chaturvedi paid 3 months subscription on 25.11.2001 as per receipt marked as document No. 1. Thus the condition entitling him to insurance cover as above. It is further not in dispute that Pradeep Chaturvedi had died as he met with an accident on 8.12.2001 on Mandla Road.

(3.) THE District Forum repelled the contention as above. It was held that since the subscription for 3 months was paid by the deceased and as the payment thereof entitled him to the coverage of risk under the policy, therefore, complainants were entitled to the benefit under the policy. The appellant and respondent No. 4 were, therefore, directed to pay the assured amount as well as compensation of Rs. 10,000 to the complainants.