First Appeal No. 279 / 2010. Case: Iffco-Tokio General Insurance Company Limited Vs 1. Sh. Gurpal Singh S/o late Sh. Amar Singh, 2. Secretary, Barhaini Dirghakar Bahuudesiya Sahkari Samiti Ltd.. Uttaranchal State Consumer Disputes Redressal Commission
| Case Number | First Appeal No. 279 / 2010 |
| Counsel | For Appellant: Sh. Suresh Gautam and For Respondents: Sh. Pradeep Bartwal, Sh. Nirbay Sharma |
| Judges | B.C. Kandpal, President and Mr. C.C. Pant, Member |
| Issue | Consumer Protection Act, 1986 - Section 15 |
| Judgement Date | October 04, 2011 |
| Court | Uttaranchal State Consumer Disputes Redressal Commission |
Order:
B.C. Kandpal, President
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This is insurer''s appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 03.08.2010 passed by the District Forum, Udham Singh Nagar in consumer complaint No. 181 of 2005. By the order impugned, the District Forum has allowed the consumer complaint and directed the opposite party No. 1 -- appellant to pay the insured amount of Rs. 1,00,000/- to the complainant together with simple interest @6% p.a. from 29.03.2005 till payment; Rs. 5,000/- towards damages and Rs. 2,000/- towards litigation expenses.
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In brief the facts of the case are that the opposite party No. 1 floated a Sankat Haran insurance policy. Under the said policy, the farmers purchasing bag of fertilizer were provided insurance cover for a period of one year. On 15.01.2004, the father of complainant purchased 42 bags of fertilizer and on 08.01.2005, he purchased 78 bags of fertilizer from the opposite party No. 2 -- Samiti and, as such, the father of the complainant was provided insurance cover for sum of Rs. 1,00,000/-. On 09.01.2005, the insured met with an accident and he died on 10.02.2005. The claim lodged by the complainant was repudiated by the insurance company on the ground that the fertilizer was purchased by the life assured on 08.01.2005 and he met with an accident on 09.01.2005 and hence the claim falls within the "waiting period" of one month from the date of purchase and is not payable. Thereafter, the complainant filed a consumer complaint before the District Forum, Udham Singh Nagar.
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The insurance company filed written statement and pleaded that the complainant has stated that the life assured met with an accident and was referred to Haldwani for treatment, but neither any medical record, nor the postmortem report has been submitted by the complainant. It was also pleaded that as per the terms and conditions of Sankat Haran Scheme, the personal accident cover began only from 07.02.2005. The opposite party No. 2 -- Samiti also filed written statement before the District Forum.
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The District Forum, on an appreciation of the material on record, allowed the consumer complaint vide impugned order dated 03.08.2010 in the above terms. Aggrieved by the said order, the insurance company has filed this appeal.
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We have heard learned counsel for the parties and have also perused the record.
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There is no dispute with regard to the death of the insured. The learned counsel for the insurance company has...
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