First Appeal No. A/397/2008, (Arisen out of Order Dated 02/07/2008 in Case No. CC/26/2007 of District Madhubani). Case: Branch Manager, National Insurance Company Ltd., Patna & another Vs Deepak Kumar Yadav.

Parts:Branch Manager, National Insurance Company Ltd., Patna & another Vs Deepak Kumar Yadav
Resolution Date:May 12, 2011
Case:First Appeal No. A/397/2008, (Arisen out of Order Dated 02/07/2008 in Case No. CC/26/2007 of District Madhubani)
Ley aplicable:Consumer Law
Judges:Mr. Subhash Chandra Jha President and Mrs. Renu Sinha Member
 
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Order:

S.C. Jha, President

  1. This appeal has been directed against the order dated 02-07-2008 passed by the learned District Consumer Disputes Redressal Forum, Madhubani in Consumer Complaint No. 26/2007 whereby and whereunder the learned District Forum has ordered the appellant-Branch Manager, National Insurance Company to pay the amount of policy of Rs. One lac with interest @ 9% per annum w.e.f. 27-10-2005 after three months from the date of filing of the claim, which was filed on 27-07-2005 along with Rs. 10,000/- as compensation for mental and physical agony and Rs. 2000/- as litigation cost within thirty days from the date of passing of the order.

  2. The facts giving rise to filing of the complaint by the respondent Deepak Kumar Yadav and Sita Devi in short is that Ramsharan Yadav, who happens to the father and husband of the aforesaid complainant, was appointed as Homeguard on 03-01-1977 in the district of Madhubani and had insurance cover under Janta Personal Accident Policy for Rs. One lac for five years vide policy No. 170801/9600203/2000-2001. The Insurance Company had issued certificate in this regard, which is marked Exhibit-2. Ramsharan Yadav died on 11-06-2005 due to snake bite, who was treated by Dr. Shila Azad at Benipatti, who issued certificate in respect of such death. No postmortem was held. The Insurance Company contested the matter by repudiating the claim by filing written statement on the ground of its maintainability and plea that no deficiency or laches exist on their part in providing service to the complainant. Of course, they admitted the insurance of Janta Personal Accident Policy in favour of the deceased. They contested on account of absence of postmortem or Sanha regarding unnatural death of the deceased and the investigator appointed by the appellant were not given information by the complainant on being queried.

  3. The learned District Forum has considered the affidavits as also documents, which were filed before it by the complainant. They have also considered some decisions in this regard as against that, the Branch Manager only filed his affidavit and certain documents.

  4. The learned counsel of both sides have been heard. It was held that Ramsharan Yadav died on 11-06-2005 in the clinic of Dr. Shila Azad, who issued certificate in this regard. The Superintendent of Police also ordered for...

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