KALYAN SINGH Vs. LILAVATI BAI

JUDGEMENT

(1.) The appeal, under Sec.15 of the Consumer Protection Act, 1986 is directed against the order dated 28.6.2005 in Complaint No.115/2003 by District Consumer Disputes Redressal Forum, Sarguja, Ambikapur (hereinafter called the 'district Forum' for short) directing the appellants to pay the complainant/respondent Nos.1 to 6 the assured amount of Rs.25,000 with interest @ 9% p. a. besides Rs.1,000 as compensation and Rs.1,500 as cost.

(2.) Indisputably, the husband of complainant/respondent No.1 herein Khemsingh was a member of Primary Forest Products Co-operative Society Ltd. , Umeshwarpur as tendu leaf collector, and was a member of the group insurance policy. Under the said group insurance policy, an amount of Rs.25,000 was payable to the legal representatives of the deceased member, in case of his death due to accident. It is also not in dispute that the life assured Khemsingh, died due to accident on 22.7.2001, as lightning struck him. It appears that the claim of complainant/respondent Nos.1 to 6 the legal representatives of the deceased was not honoured by the appellants and respondent No.7 LIC. Hence, the complaint before the District Forum.

(3.) The complaint was resisted by the appellants as well as respondent No.7 LIC. It was stated by the appellant No.1 in its written version that the insurance cover was granted by respondent No.7 LIC and though respondent Nos.1 and 2 submitted the claim of the complainant to respondent No.7 LIC in time, yet the amount under the claim was not paid to the complainants. Hence, it was alleged by the appellant No.1 that he did not commit any deficiency. Appellant No.2 in its separate written version raised a plea regarding delay in submission of claim by the complainants. It was also alleged that the complainants were not its consumer.