J U D G M E N T

(Delivered on 07/12/2023)

Per Mrs.Dr. Nisha Amol Chavhan, Hon’ble Member.

The appellant challenged in this appeal, Order and Judgment passed by the ld. District Consumer Disputes Redressal Commission, Aurangabad dated

28.02.2020 in CC. No. 386/2019.

1. The facts giving rise to this appeal are as under.

2. The appellant had filed Consumer Complaint, CC N0.468/2018 before District Consumer Disputes Redressal Commission, Aurangabad for getting insurance claim for the death of her husband, who was the farmer under the “Gopinath Munde Shetkari Apghat Vima Yojna. In that case, Respondent No.2 opposed the complaint on the ground that the appellant has not filed necessary documents for processing the insurance claim under this scheme.

3. The Ld. District Commission decided the case on dated 15/02/2019 directing the appellant to file the necessary documents to respondent No.2

thorough Respondent No.1.

4. The appellant further stated that as per direction given in above judgment, she filed the entire documents, which are necessary for processing her insurance claim on 27.8.2018. However, respondent No.2 kept her insurance claim pending. Therefore she again filed Consumer Complaint No 386/2019 before District Commission Aurangabad for deficiency in service. In that case, the Ld. District Commission dismissed her complainant on the ground that the death of her husband is not accidental one. The death is caused by Cardio respiratory failure due to ‘myocardial infection’. According to the appellant, Ld. District Commission has not considered the Police papers in proper perspectives. The appellant has prayed that the impugned judgment of District Commission may kindly be quashed and set aside.

5. According Respondent No 1, his Office received the insurance claim along with all relevant documents as per direction given by District Commission on 12/3/2019. Thereafter, the insurance claim was forwarded to the Respondent No.2 for processing. According to Respondent No 2, appellant has not come before the Commission with clean hands. The death of the husband of the appellant is caused because of heavy drinking of liquor. As per PM report the death is caused due to Cardio respiratory failure due to ‘myocardial infection’. The death of the husband of appellant was not accidental, it was a natural death. The police paper of Chalisgaon also indicates the above facts. The Ld. District Commission rightly held that the death is not accidental one. There is no error in the judgment. Therefore, it is prayed by Respondent No.2

that the appeal may be kindly be dismissed with cost.

6. The Ld. Adv. R. V. Jadhav argued that, despite of submission of all relevant documents with claim form Respondent No 1, and 2, kept insurance claim of the appellant pending. He referred to all those documents and tried to convince this Commission that the claim form was duly completed and was submitted. On the point of death of the deceased, it is submission that the Police papers of the Chalisgaon Police Station clearly indicates that the dead body of the husband of the appellant was found on the Chalisgaon road, his death was registered as accidental death No. 25/2018 in Police Station. On the other hand, Ld. Adv. Hiwale for Respondent No 2 pointed out that the police paper on which appellant is relying herself indicate that heavy consumption of liquor is the reason of the death of her husband. As per the scheme of the insurance scheme, only accidental death is covered. There is no error committed by District Commission in the impugned judgment.

7. On the perusal of the appeal compilation and more particularly police paper, it is forthcoming that husband of the appellant was found lying dead near Chalisgaon Bus Stand. Accidental death information and Crime Detail Form, Inquest Panchanama fortifies the said fact. From those papers, it can be said that, the death is caused sudden and Inquest Panchnama and PM report does not show any injury mark on body of the deceased. The