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KUMKUM RANI, B. S. MANRAL
New India Assurance Company Limited – Appellant
Versus
Devnath – Respondent
ORDER
Kumkum Rani, Judicial Member II—This appeal under Section 15 of the Consumer Protection Act, 1986 has been directed against the judgment and order dated 23.08.2018 passed by learned District Consumer Disputes Redressal Commission, Udhamsingh Nagar (hereinafter to be referred as “The District Commission”) in consumer complaint No. 43 of 2017, styled as Sh. Devnath and others Vs. The New India Assurance Company Limited and another, wherein and whereby learned District Commission was pleased to allow the consumer complaint filed by respondent Nos. 1 to 4 / complainants, by directing the appellant to pay to respondent No. 1 / complainant No. 1, an amount of Rs. 2,00,000/- along with simple interest @7% p.a. from the date of filing of the consumer complaint till payment as well as Rs. 20,000/- towards mental & financial agony and Rs. 5,000/- as cost of litigation.
2. The facts giving rise to the present appeal, in brief, are as such that on dated 04.07.2016, the deceased / insured late Ramakant (father of respondent Nos. 1 to 4 / complainants), was crossing Devaha River for approaching his agricultural field and in the process of crossing the river, he got drowned in the river and
Claim – No claim should be disallowed purely on technical ground or in a mechanical manner; the insurance company should reject the claim only when the insurer finds that it was liable to be rejected....
Insured is not entitled to compensation when on facts it is proved that he was intoxicated and that his death was due to intoxication.
(1) Fisherman - The job of a fisherman is not like a permanent job where he may not be allowed to work elsewhere when he is otherwise free.(2) Written Statement - Consumer fora has no jurisdiction an....
Driving License – As it is proved that the vehicle was in stationary condition, therefore, there was no necessity of driving licence of the insured and in the given facts and circumstances of the cas....
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