ORIENTAL INSURANCE CO LTD Vs. CHANDA DEVI

JUDGEMENT

(1.) This appeal, under Section 15 of the Consumer Protection Act, 1986 is directed against the order dated 27.4.2006 in complaint No. 4/2004 by Districts Consumer Disputes Redressal Forum, Ambikapur (hereinafter called District Forum for short), directing the appellant insurer as well as respondent No. 2 SECL, to pay to the complainant, assured amount of Rs. 5,00,000 under Group Janata Personal Accident Policy ( Janata Policy for short) issued in favour of the deceased Shiv Narayan Kushwaha, the husband of complainant/respondent No. 1 by the appellant insurer.

(2.) Admittedly the deceased insured member Shiv Narayan Kushwaha was an employee of respondent No. 2 - SECL. Janata policy was issued by the appellant insurer covering the risk of various employees, including the deceased Shiv Narayan Kushwaha. It is also not in dispute that Shiv Narayan Kushwaha was murdered on 21.12.2002. Respondent No. 1 wife of the deceased Shiv Narayan Kushwaha laid claim before the appellant insurer for payment of assured amount under the Janata Policy. However, as the appellant /insurer did not pay the claim amount, she was obliged to approach the District Forum, where she filed the complaint.

(3.) The appellant insurer in their written version resisted the complaint mainly on three grounds(i) the District Forum, Ambikapur had no jurisdiction to hear the complaint, (ii) the policy was cancelled, by the appellant insurer, and (iii) the intimation about the death of the deceased member was furnished belatedly to the appellant insurer, hence they could enquire into the circumstances of the death of Shiv Narayan Kushwaha.