NATIONAL INSURANCE COMPANY LTD Vs. HUKAM BAI MEENA

JUDGEMENT

(1.) The husband of the complainant had deposited Rs.10,000/- with the Sahara India Commercial Corporation in one of its schemes Rajat Labh Yojna. The Sahara India Commercial Corporation had taken a Group Personal Accident Insurance Policy from the petitioner company in respect of its employees and depositors. As per the policy for the year 2009-10, a sum of Rs.2.00 lacs was payable to a person depositing less than Rs.70,000/-. Therefore, the life of late husband of the complainant was covered to the extent of Rs.2.00 lacs in the event of his death in an accident in the year 2009-10. On his death, a claim was lodged by the complainant with Sahara India Commercial Corporation, which forwarded the same to the petitioner company. The claim was repudiated on the ground that the claim was delayed as the same ought to have been submitted within one month from the date of the death of the depositor. It was also claimed in the repudiation letter that only Rs.50,000/- was payable under the policy. Being aggrieved, the complainant approached the concerned District Forum by way of a consumer complaint. The District Forum allowed the complaint and directed that out of the claim amount, Rs.50,000/- will be paid by the insurer whereas the balance amount of Rs.1,50,000/- would be paid by Sahara India Commercial Corporation.

(2.) Being aggrieved from the order passed by the District Forum, both National Insurance Company Ltd. as well as the Sahara India Commercial Corporation preferred separate appeals before the concerned State Commission. Vide impugned order dated 07.9.2016, the State Commission accepted the appeal filed by Sahara India Commercial Corporation and held that the petitioner National Insurance Company Ltd., was liable to pay the entire amount of Rs.2.00 lacs to the complainant. Being aggrieved the petitioner is before this Commission by way of this revision petition.

(3.) As far as the quantum of compensation payable under the insurance policy is concerned, a perusal of the insurance policy for the year 2009-10 clearly shows that the amount payable in the case of accidental death of the depositor was Rs.2.00 lacs wherever, the deposit was less than Rs.70,000/-. The amount payable in case of accidental death of the depositor was Rs.5.00 lacs in case the deposit was Rs.70,000/- or more. Therefore, the liability of the insurer under the policy for the year 2009-10 in which the husband of the complainant Hukam Bai Meena expired was Rs.2.00 lacs and not Rs.50,000/-.