Case nº Revision Petition No. 73 Of 2017, (Against the Order dated 29/09/2016 in Appeal No. 49/2013 of the State Commission Bihar) of NCDRC Cases, January 24, 2017 (case 1. Branch Manager, Sahara India Commercial Corporation Ltd. and Ors. Vs 1. Satya Narayan Yadav and Anr 2. Divisional Manager, National Insurance Co. Ltd.)
| Judge | For Appellant: Mr. Gautam Talukdar, Advocate and For Respondents: Satya Narayan Yadav and Anr. |
| President | Mr. V.K. Jain,Presiding Member |
| Resolution Date | January 24, 2017 |
| Issuing Organization | NCDRC Cases |
Order:
V.K. Jain, Presiding Member (Oral)
-
Late Shashi Bhushan Yadav, son of the complainant / respondent No.1 made investment in a Scheme / Plan of the petitioner known as "Sahara Swaran Yojna / Sahara Rajat Yojna". Under the said scheme, in the event of his death in an accident, his nominee was entitled to accidental benefit stipulated in the said scheme / plan. The aforesaid amount, in terms of the option exercised by the deceased was Rs.2,00,000/-. The deceased having died in an accident, a claim for payment of the aforesaid amount was lodged by the complainant, he being the nominee for the purpose. The petitioner however, paid only a sum of Rs.50,000/- to him. For the payment of the balance amount, a request was made by the petitioner to National Insurance Company Ltd. from whom an insurance policy had been taken by it. Since the aforesaid amount was not paid either by the petitioner or by the National Insurance Company, the complainant approached the concerned District Forum by way of a consumer complaint, impleading both the companies as the opposite parties in the complaint.
-
The complaint was resisted by the petitioner on the ground that it had settled the claim by paying Rs.50,000/- to the complainant and had also requested National Insurance Company Ltd. to pay the balance amount. National Insurance Company Ltd. resisted the complaint, taking a stand that it had nothing to do with the complainant and was not liable to indemnify him.
-
The District Forum vide its order dated 30.11.2012, directed the petitioner company to pay a sum of Rs.1,50,000/- to the complainant, along with interest @ 7% per annum and compensation and cost of litigation quantified at Rs.25,000/-.
-
Being aggrieved from the order passed by the District Forum, the petitioner company approached the concerned State Commission by way of an appeal. The said appeal having been dismissed, the petitioner is before this Commission by way of this revision petition.
-
The learned counsel for the petitioner company submits that since they had taken an insurance policy from the National Insurance Company, the balance amount of Rs.1,50,000/- was payable by the said insurance company and not by the petitioner company. I however, find no merit in this contention...
To continue reading
Request your trial