STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

Date of institution : 13.04.2022 Reserved On : 26.07.2023 Date of decision : 21.08.2023 United India Insurance Co. Ltd., SCO 72, Phase IX, Mohali/Regional Office i.e. United India Insurance Company, 136, Feroze Gandhi Market, Ludhiana through Shama Arora, Assistant Manager (Legal), United India Insurance Company.

….Appellant/OP No.3 Versus

1. Manjeet Kaur aged about 48 years widow of Sh. Pal Singh R/o Village Kaureana, Tehsil Talwandi Sabo, Bathinda.

….Respondent/Complainant

2. State of Punjab, through Deputy Commissioner, Bathinda.

3. Director, Health & Family Welfare, Punjab, Mini Secretariat, Sector-9, Chandigarh.

….Respondents/OP No.1 & 2 First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 29.11.2021 passed by the District Consumer Disputes Redressal Commission, Bathinda.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Ms. Simarjot Kaur, Member

1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No

2) To be referred to the Reporters or not? Yes/No

3) Whether judgment should be reported in the Digest? Yes/No Present:-

For the appellant : Sh. Munish Goel, Advocate For respondent No.1 : Sh. Dhrupninder Brar, Advocate for Sh. H.S. Sony, Advocate For respondent No.2 : None For respondent No.3 : Sh. Deepanshu Mehta, Advocate.

JUSTICE DAYA CHAUDHARY, PRESIDENT Appellant/OP No.3 i.e. United India Insurance Co. Ltd. has filed the present appeal under Section 41 of the Consumer Protection Act, 2019 to challenge the order dated 29.11.2021 passed by the District Consumer Disputes Redressal Commission, Bathinda (in short, “the District Commission”) in CC No.325 of 2018, whereby the complaint filed by respondent No.1/complainant had been partly allowed by awarding the cost and compensation of 10,000/- against ₹

the appellant/OP No.3 by directing to pay an amount of 5 lac along ₹

with interest at the rate of 9% per annum w.e.f. the date of repudiation i.e. 03.09.2018 till its realization. However, the complaint was dismissed qua to OPs No.1 & 2.

2. It would be apposite to mention here that hereinafter the parties will be referred, as have been arrayed before the District Commission.

3. Briefly, the facts of the case as made out by the respondent No.1/complainant in the complaint filed by her before the District Commission are that she was a poor lady and was living under below poverty line, as she was not having any immovable property. She was holding the Blue Card issued by the Government of Punjab for getting Atta/Dal under the control rates. The husband of the complainant namely Sh. Pal Singh was holding a card issued under ‘Bhagat Puran Singh Sehat Bima Yojana’ (BPSSBY). As per the said scheme, the head of the family was entitled for a compensation of

5 lac in case of accidental death or 100% disability. Further it was ₹

also mentioned in the complaint that the husband of the complainant was murdered by one Dewal Singh @ Kewal Singh by throwing him in the Bhakhra Canal on the intervening night of 10/11.07.2017. FIR No.194 dated 12.07.2017 was registered under Section 302 IPC against said Dewal Singh @ Kewal Singh in Police Station Kalianwali, District Sirsa and the challan was also presented against said person, which was pending at the time of filing of the complaint. The husband of the complainant was the head of the family and the complainant being the nominee of the deceased was entitled for 5 lac as ₹

compensation under ‘Bhagat Puran Singh Sehat Bima Yojana’. The complainant had applied for the said claim amount by furnishing the requisite documents but nothing was paid and the issue was put off on one pretext or the other. Ultimately, the claim was repudiated by OP No.3 vide letter dated 03.09.2018 on the ground that as per the Chemical Report and the final opinion of the doctor, who had performed the PMR, there was presence of alcohol, which was falling under the exclusion clause of the terms and conditions o