RAMAYANVATI Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) this appeal under Sec.15 of the Consumer Protection Act, 1986 , is directed against the order dated 30.10.2006 in Complaint No.20/2005 by District Consumer Disputes Redressal Forum, Korea, Baikunthpur (hereinafter called "district Forum" for short), dismissing the appellant's complaint.

(2.) The averments in the complaint stated in brief are that : the husband of the complainant Hiralal @ Rekha Singh was an employee of respondent No.2, South Eastern Coal Fields Limited (hereinafter called 'secl' for short ). It was further averred that respondent No.1, insurer, the Oriental Insurance Company Ltd. , had covered the risk of the employees of the S. E. C. L. in the event of accidental death under the Group Janta Personal Accidental Policy (hereinafter called 'janta Policy' for short) No.47/00257/2000. The husband of the complainant Hiralal @ Rekha Singh was also one of the insured member, under the said policy. It was averred that assured amount of Rs.5,00,000 was payable in the event of accidental death of the insured member. It was further averred that premium was deducted in two instalments, from the salary of the complainant's husband insured Hiralal @ Rekha Singh.

(3.) Further averments of the complaint were that on 8.9.2001 her husband died in a road accident. The complainant also averred that she is a villager and illiterate woman, she did not know about the Janta Policy and coverage of risk of her husband thereunder; therefore, she could not prefer her claim earlier. When the complainant came to know about the policy as above she preferred the claim and submitted claim form with the respondent No.1 - insurer on 29.9.2004. The complainant's claim as above was repudiated by the respondent No.1-insurer by its letter dated 6.10.2004, on the ground that the complainant preferred the claim after three years of her husband's death, while as the terms of the policy were that the claim should have been preferred within 15 days after the occurrence. Aggrieved by the repudiation as above, the complainant approached the District Forum and filed the complaint.