PARKASH KAUR Vs. ICICI LOMBARD GENERAL INSURANCE COMPANY

JUDGEMENT

(1.) This appeal was filed with delay in filing the appeal. The number of days has not been mentioned in the application. However, it was stated that the impugned order was not passed in the presence of the appellants and the copy of the impugned order was not delivered to appellant No. l at her village address though it was stated to have been issued on 5.11.2007. According to the admission of the appellants they came to know about the passing of the impugned order on 1.2.2008. This appeal was filed on 4.2.2008. Therefore, if this version of the appellants is believed there was no delay in filing the appeal.

(2.) An application for condonation of delay has been filed in which reasons have been given for not filing the appeal within time. An affidavit in support of the application has also been filed. Accepted subject to just all exceptions. Therefore, the delay, if any, in filing the appeal is condoned. Main Case:

(3.) Raj Singh husband of Parkash Kaur appellant and father of Baljit Singh and Gagandeep Singh appellants was aged 35/36 years and was an agriculturist. He was resident of Village Kalu Wala. He was insured with respondent No. l under the Sehkari Bank Bima Yojna being an account holder of Ferozepur Central Cooperative Bank Ltd. , respondent No.2. Said Raj Singh had gone to his fields for irrigating the paddy crops. He was bitten by a snake causing his instant death. The body of Raj Singh had turned bluish. Since the family members were under shock, therefore, it did not occur to them to get the dead body of Raj Singh subjected to post mortem examination. However, the appellants had submitted the application to the SDM, Ferozepur on 27.6.2005 who referred the matter to the police of PS Mallan Wala to inquire into the matter. On the basis of the enquiry report the SDM, Ferozepur also issued the certificate that Raj Singh had died due to snake bite. The claim was lodged with respondent No. l for the insurance amount of Rs.1 lac under the Sehkari Bank Bima Yojna but respondent No.1 repudiated the claim. Hence the appellants filed the complaint in the learned District Consumer Disputes Redressal Forum, Ferozepur (in short "district Forum") for recovery of the insurance amount with compensation, interest and costs.