AFR / NAFR CHHATTISGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION PANDRI, RAIPUR Date of Institution: 15/10/2024 Date of Final Hearing: 07/03/2025 Date of Pronouncement: 04/04/2025 APPEAL No.- FA/24/646 IN THE MATTER OF :

Smt. Rajdulari W/o. Late Hirasingh Gond R/o. Qtr. No.593/15, Shanti Nagar, Pandavpara Tah. Baikunthpur, Dist. Korea (CG)

Dist. Gariyaband (C.G.) … Complainant/ Appellant Through: Shri Rishikesh Yadav, Advocate Vs.

1. Senior Divisional Manager, Life Insurance Corporation of India, Sahdol Division Dist. Sahdol (MP) … O. P. No.1/ Respondent No.1

2. Manager, Life Insurance Corporation of India, Branch Office: Manendragarh, Dist. Korea (CG) …O. P. No.2/ Respondent No.2 Both through: Shri Mukesh Sharma, Advocate.

3. Manager, South Eastern Coal Limited, Pandavpara, Jhilmili Area Colliery, P.S. Patna, Dist. Korea (CG) … O. P. No.3/ Respondent No.3 Through: Shri O.P. Agrawal, Advocate.

CORAM: -

HON’BLE SHRI JUSTICE GAUTAM CHOURDIYA, PRESIDENT HON’BLE SHRI PRAMOD KUMAR VARMA, MEMBER PRESENT: -

Shri Rishikesh Yadav, Advocate for the appellant.

Shri Mukesh Sharma, Advocate for the respondent Nos.1 & 2.

Shri O.P. Agrawal, Advocate for the respondent No.3.

O RDE R

PER: - JUSTICE GAUTAM CHOURDIYA, PRESIDENT This appeal is filed against order dated 30.08.2024 passed by District Consumer Disputes Redressal Commission, Baikunthpur, Korea (C.G.) (hereinafter called “District Commission” for short) in complaint case No.CC/2022/73, whereby the complaint was partly allowed against the opposite party Nos.1 & 2/ respondent Nos.1 & 2 herein, whereas the opposite party No.3/ respondent No.1 has been exonerated from any liability.

2. In nutshell the facts of the case are that deceased husband of the complainant/ appellant between year 2016 to 2018 obtained as many as 22 insurance policies in his name, out of which in twenty policies the complainant / appellant was made nominee and in two policies i.e. policy Nos.207616733 and 207665866 one Hema was made nominee. On 07.06.2020 the husband of the complainant / appellant died due to piece of meat got stuck in his throat while eating mutton. Insurance claim was submitted before the insurer opposite party Nos.1 & 2/ respondent Nos.1 & 2, but the insurer only in three policies paid total Rs.1,02,916/- as paid up value and denied payment of insurance claim in all the other policies for reason they were lapsed due to non-payment of premium. Aggrieved the complainant/ appellant filed complaint before the District Commission.

3. Learned District Commission vide impugned order not considering the death of the life assured as accidental death directed the opposite party Nos.1 & 2/ respondent Nos.1 & 2 to pay the basic sum assured only of the twenty policies in which the complainant/ appellant is nominee, after deducting their unpaid premium and the paid up value already paid to the complainant/ appellant in three polices. Thus out of total sum assured in twenty polices Rs.21,00,000/- the unpaid premium was deducted and payable sum assured was arrived at Rs.19,09,143/- and from that amount after deducting the paid up value, already paid in three policies Rs.1,02,916/- the opposite party Nos.1 & 2/ respondent Nos.1 & 2 were directed to pay the balance amount of Rs.18,06,277/- with interest @ 6% p.a. from the date of complaint 10.05.2022 till the date of payment. The opposite party Nos.1 & 2/ respondent Nos.1 & 2 were also directed to pay the complainant/ appellant Rs.8,000/- towards compensation for mental and financial agony suffered by her and Rs.3,000/- as cost of litigation. All the above amounts were directed to be deposited in the District Commission within two months for disbursal of the same to the complainant/ appellant failing which interest @ 7% p.a. on the entire amount was directed to be paid.

4. The impugned order has not been challenged by the opposite party Nos.1 & 2/ respondent Nos.1 & 2 insurer hence the same has attained its finality and now admissibility of claim for payment of normal death