ORIENTAL INSURANCE CO LTD Vs. SHANTI BAI

JUDGEMENT

(1.) This appeal, under Section 15 of the Consumer Protection Act, 1986 , (hereinafter called the Act for short) is directed against the order dated 18.9.2006 in complaint No. 13/04 by District Consumer Disputes Redressal Forum, Bilaspur (hereinafter called District Forum for short) directing the appellant/insurer to pay to the complainant/respondent Nos. 1 to 4, a sum of Rs. 5,00,000 with interest @ 9% p.a. payable from 22.1.2004. Cost of Rs. 1,000 was also awarded.

(2.) Indisputably, the deceased Dhakela was an employee of OP No. 1/ Respondent No. 5 - SECL and was covered under Group Janata Personal Accident Insurance Policy ( Janata Policy for short) which was effective from 16.10.1999 to 15.10.2009. It is also not in dispute that the deceased Dhakela died in an accident on 31.3.2002. The respondent Nos. 1 to 4 are the legal representatives of the said deceased Dhakela, being his wife and children.

(3.) The complainants averred that they approached the appellant/insurer for payment of the benefits under the policy. However, the dues having not been paid to them by the appellant/insurer, they served a legal notice to respondent No. 5. As they did not receive any response from the appellant/insurer and the employer respondent No. 5, the complainants approached the District Forum praying that compensation of Rs. 5,00,000 along with interest 12% p.a. be awarded to them.