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B.L.KHARE, PRAMILA S.KUMAR, N.K.JAIN
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
NEERAJ KATARE – Respondent


Counsels for the Parties :
For the Appellant :Mr. R.C. Sobhani and Deepesh Joshi, Advocates.
For the Respondents:Mr. R.K. Sengar, Advocate.

ORDER

Mr. Justice N.K. Jain, President—Both these appeals (Nos. 966/01 and 1010/01) filed under Section 15 of the Consumer Protection Act 1986, arise from the same order dated 31.5.2001 passed by the District Forum, Shahdol in complaint case No. 31/1999, directing appellant-opposite parties to pay to the complainant insured (respondent No. 1 herein) sum of Rs. 50,000/- with interest and costs.

2. Respondent-Neeraj Katare on 31.7.1996 had purchased a bond called “ENBEE BOND” floated by ENBEE PLANTATION LTD. the appellant in appeal No. 1010/01, in collaboration with New India Assurance Company Ltd., the appellant in appeal No. 966/01. The bond with the face value of Rs. 6,000/- and having 5 years term was issued under an investment scheme which also provided insurance cover for accidental death/permanent disablement, to the insured-investor. It also had provision for nomination.

3. Respondent-Neeraj Katare while making application for issuance of bond had nominated his brother Dheeraj Katare (since dead) as his nominee. However, in the column meant for insurance, the name of Dheeraj Katare was mentioned as the person insured and the investor-respondent named himself as the nominee of











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