NATIONAL INSURANCE CO LTD Vs. YOGESHWARI VERMA

JUDGEMENT

(1.) By this appeal, under Sec.15 of the Consumer Protection Act, 1986 , the order dated 2.4.2005 in Complaint No.455/2003 by the District Consumer Disputes Redressal Forum, Raipur, (hereinafter called the 'district Forum' for short) directing the appellant/insurer to pay to the complainant/respondent a sum of Rs.1 lac with interest, etc. , towards Personal Accident claim, has been put under challenge.

(2.) Indisputably, the complainant is the owner of Motor Cycle No. M. P.-23-M. D.3383. It was insured with the appellant/insurer covering the risk from 24.7.2002 to 23.7.2003. Besides basic premium of Rs.160, additional premium of Rs.50 for personal accidents for passengers was also recovered by the appellant/insurer from the complainant/insured. It is also not in dispute that on 14.8.2002, the complainant's husband, Chabiram Verma met with fatal accident, while driving the said motor cycle. The complainant lodged report of the incident with the policy and offence was registered by Police Station, Khamtarai.

(3.) The averments of complainants in substance were that, though she requested the appellant/insurer to furnish her the claim form for personal accident claim, the same was not issued to her. She was also not paid personal accident claim of Rs.1 lac under the policy. Therefore, she preferred the complaint before the District Forum.