Date of filing :20.11.2019 Date of order :10.10.2024 MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,MUMBAI, BENCH AT AURANGABAD.

FIRST APPEAL NO. : 1550 OF 2019 IN COMPLAINT CASE NO.: 212 OF 2019 DISTRICT CONSUMER COMMISSION : BEED.

Kashibai wd/o Baban Gujar, Appellant R/o Pimpalgaon Dhas, Tq.Patoda, (Adv.A.S.Pavse)

Dist.Beed.

VERSUS

1. The Branch Manager, Respondent No.1&2 The Oriental Insurance Company Ltd,. (Adv.P.M.Hiwale)

Jalna road, Beed. Dist.Beed.

2. Branch Manager, The Oriental Insurance Company Ltd,.

Bhattad Complex, Shanivar Peth, Karad, Tq. Karad, Dist.Satara.

3. Manager, Respondent No.3 Sahyadrisugar Co-Operative Society of (Adv.G.P.Shinde)

Sugarcane Growers and Harvesting Machinery Ltd,. Yashvantnagar, Tq.Karad , Dist.Satara.

CORAM : Milind.S.Sonawane, Hon’ble Presiding Member.

Nagesh C.Kumbre, Hon’ble Member.

J U D G M E N T

(Delivered on 10/10/2024)

Per Nagesh C.Kumbre, Hon’ble Member..

The Appellant has challenged in this appeal, impugned Judgment and order passed by the District Consumer Commission, Beed (in short, District Commission) in C.C.No.212/2019 dated, 24.10.2019, wherein the present appellant is original complainant, respondent no.1 and respondent no. 2, the insurance company are the original opponent no.1 and opponent no.2 respectively and respondent no.3 is opponent no.3.

2. Brief facts giving rise to this appeal are as under :-

The husband of appellant Baban Dagdu Gujar (in short deceased) was labor working at ‘ Sahyadri Co-Operative Sugar Factory Ltd. Yashwantnagar Tq. Karad Dist. Satara.’ On 27.01.2018 deceased was going on motorcycle as pillion rider from karkhana to Copi and at the speed breaker he fell down and sustained head injury. Deceased was admitted for treatment at Sahyadri Hospital Karad and thereafter at Sassoon Hospital, Pune but during treatment deceased was died on 23.03.2018. The incident was reported at Patoda Police Station and crime no.27/2018 was registered against driver of offending motorcycle. The Sugar Factory obtained the insurance policy for the welfare of the labors from respondent insurance company and paid premium. As per the policy, in case of accidental death of labor, his successor is entitled for insurance amount of Rs. 2,00,000/-. Appellant submitted claim proposal with respondent no.2 but the claim was repudiated by respondent no.2 and committed deficiency in service towards appellant. Appellant filed consumer complainant claiming Rs.2,00,000/-as insurance amount, Rs.30,000/- for physical and mental harassment and Rs. 15,000/- for cost of litigation. Appellant filed copy of claim form, treatment papers and death certificate of deceased, FIR and relevant police investigation papers etc. with complaint.

3. The District Forum passed the order on 24.10.2019 below Ex-1 and rejected the complaint at the admission stage as per section 12(3)

of Consumer Protection Act 1986.

4. Feeling aggrieved by the impugned order, complainant came to this Commission in appeal. Heard Adv. A.S.Pavse for appellant and Adv. P.M.Hiwale for respondent no.1 and 2. Respondent no.3 filed written notes of argument which is taken in to consideration.

5. Adv. Pavse for appellant argued and submitted through his pleading and written argument that the incident of accident was reported at Umbraj Police Station and offence was registered against the driver of offending motorcycle. Deceased was admitted at Sahyadri Hospital and thereafter Sassoon Hospital, Pune for treatment and the medical reports shows that deceased sustained grievous injuries in accident. Deceased was continuously under treatment at hospital till his death. Though the P.M. report says that the death of deceased was due to cardio respiratory failure due to cardiac arrest but it was the result of accidental injuries caused to deceased in accident. It is further submitted that District Commission wrongly rejected the complaint without any proper justification. The death of deceased was accidental therefore respondent insurance company is liab