Date of filing :03.09.2000 Date of order :18.07.2024 MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL COMMISSION,MUMBAI, BENCH AT AURANGABAD.

FIRST APPEAL NO. : 485 OF 2020 IN COMPLAINT CASE NO.: 1061 OF 2018 DISTRICT CONSUMER COMMISSION : NANDED The Oriental Insurance Co.Ltd. …APPELLANT Divisional Office No.II, (Adv.P.M.Hiwale )

Through its Senior Divisional Manager, Santosh Pundlikrao Kalse, R/o Office No.3rd floor, ABC East Complex, Near Prozon Mall, Chikalthana, Aurangabad.

VERSUS

1. Smt.Shobhabai W/o Madhukar Jadhav, …RESPONDENT R/o Dongargaon, Tq.Naigaon(khai), No.1 Dist.Nanded. (Adv.B.V.Bhure)

2. Taluka Krushi Aadhikari, …RESPONDENT Taluka Krishi Aadhikari Karyalaya No.2 Naigaon, Tq.Naigaon (Khai) (EXPARTE)

Dist.Nanded.

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

Nagesh.C.Kumbre, Hon’ble Member J U D G M E N T (Delivered on 18/07/2024)

Per N.C.Kumbre, Hon’ble Member.

The appellant has challenged in this appeal, Judgment and order passed by the District Consumer Commission, Nanded in C.C.No.1061/2018 dated, 20.11.2019.

For the sake of brevity the appellant who is originally opponent no. 2 and 3 are herein after collectively referred as opponent, respondent no.1 as complainant and respondent no.2 as opponent no.1 as per their status in consumer complaint and District Consumer Commission, Nanded is herein after referred as District Commission.

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

The husband of complainant, Madhukar Marotrao Jadhav (in short, deceased ) was an agriculturist, having agricultural land in gut no.27 at Dongergaon Tq. Naigaon (khai.) Dist. Nanded. On 22.10.2017 deceased while proceeding towards his home on his motorcycle, the driver of an unknown vehicle was given dash to his motorcycle which causes grievous injury to deceased and he was died on the same day. The incident was reported to Kuntur Police Station where the offence Cr.No.158/2017 u/s 279, 304(a) IPC has been registered against the driver of unknown vehicle. On the relevant date deceased was covering under the Insurance Scheme Known as Gopinath Mundhe Farmers Insurance Scheme with opponent for the period of 01.12.2016 to 30.11.2017. Therefore, the complainant submitted the claim proposal with opponent through Taluka Krishi Adhikari. The opponent has not decided the claim, kept it pending and not given the insurance amount to complainant. As such complainant filed consumer complaint due to deficiency in service committed by opponent towards her, claiming Insurance amount Rs.2,00,000/- along with interest, Rs.25,000/-for physical and mental harassment and Rs.5,000/- for cost of litigation. The complainant submitted copy of F.I.R with all police papers, copy of claim proposal along with all relevant papers filed with opponents, copies of relevant revenue records etc.

3. The opponent appeared before the District Commission and filed written statement, thereby resisted the complaint and denies the allegations. Opponent no.1 has not appeared before the District Commission and not filed reply. It is submitted by opponent that the deceased at the time of accident was riding the motor cycle without holding valid and effective driving licence. It is also submitted that, the complaint is not maintainable due to non joinder of necessary parties and prayed for dismissal of complaint.

4. On hearing the counsel of both parties and considering the entire record of the case, the District Commission partly allowed the complaint and held that opponent is liable for deficiency in service and directed the opponent to pay Rs.2,00,000/- as insurance amount with interest @ 8 % from 01.11.2018, Rs.5,000/- for physical and mental harassment and Rs.3,000/-

for cost of litigation.

5. Feeling aggrieved by the judgment and order, the opponent came to this Commission in appeal. Adv. P.M.Hiwale for opponent and Adv. B.V.Bhure for complainant were present. Opponent no.1 has been duly served but not appeared before this Commission hence this appeal is proceeded ex party aga