Date of filing :30.07.2019 Date of order : 16.02.2022 MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL COMMISSION,MUMBAI, BENCH AT AURANGABAD.

FIRST APPEAL NO. : 1351 OF 2019 IN COMPLAINT CASE NO.: 53 OF 2018 DISTRICT CONSUMER FORUM : PARBHANI.

Branch Manager, The Oriental Insurance company Ltd., Daulat Building, Shivaji Chowk, Parbhani, Tq. & Dist.Parbhani.

Through its Authorised Signatory, Shri.Santosh P.Kalse, R/o Aurangabad, Divisional Manager-2, Indraprashta, Adalat Road, Aurangabad. …APPELLANT VERSUS

1. Smt.Godavari Baliram Lokhande, R/o Satefal(Wagh), Tq.Purna, Dist.Parbhani.

2. Taluka Krishi Adhikari, Taluka Krishi Karyalaya, Parbhani, Tq.Parbhani, Dist.Parbhani.

3. Divisional Manager, Jayka Insurance Brokarage Pvt.Ltd., 2nd floor, Jayka Building, Commercial Road, Civil Lanes, Nagpur-440001. …RESPONDENTS CORAM : Smt.S.T.Barne, Hon’ble Presiding Judicial Member.

Mr.K.M.Lawande, Hon’ble Member.

Present : Adv.R.P.Mugdiya for appellant, Adv. G.H.Chavan & Adv.G.J.Pahilwan for respondent No.1, Adv.Sahebrao Labde for respondent No.3.

J U D G M E N T (Delivered on 16/02/2022)

Per Mr.K.M.Lawande, Hon’ble Member.

1. Being aggrieved by the judgment and order of District Forum , Parbhani in C.C.No.53/2018 decided on 14.03.2019 the appellant has filed this appeal.

2. The appellant is the Opponent No.3 , the respondent NO.2 & 3 are opponent No.2 & 3 and respondent No.1 is the complainant in said complaint. They are hereinafter referred to as ‘complainant’ and ‘opponent’ as per their status in their complaint. The District Consumer Dispute Redressal Forum is hereinafter referred to as ‘District Forum’ for the sake of convenience.

3. It is the case of complainant that her husband was driving tractor trolly bearing tractor No.MH-22-7835 and trolly NO.MH-22-2561 carrying sugarcane on Gangakhed to Ranisawargaon Road on 11.12.2016 and while driving the tractor trolly it met with an accident and in the said accident the husband of the complainant stuck under the trolly. He was taken to Government Hospital for treatment. However, doctor declared him dead. The offence under 536/16 is registered against the tractor driver. Post- mortem is also done. Police have made the panchanama. The Government of Maharashtra have already declared the scheme for protecting the farmers in case of accident under Gopinath Mundhe Shetkari Apghat Vima Yojana. The husband of the complainant is eligible for benefit under the said scheme.

The complainant forwarded the insurance claim through opponent No.2 and 3 to insurance company opponent No.3. It is alleged that the opponent No.3 insurance company repudiated her claim on 29.9.2017 stating the reason that the husband of the complainant was not holding valid driving license for tractor trolly. The husband of complainant was having valid driving license for tractor at the time of accident. The opponent insurance company has repudiated the complainant’s claim to avoid the liability of payment under insurance policy observing deficiency in service. The complainant has filed the consumer complaint before the District Forum seeking directions of District Forum to opponent insurance company to pay amount of Rs.2 lacs along with 18% interest from the date of death of her husband. The amount of Rs.25,000/- towards agony and Rs.5000/- towards cost also sought.

4. The opponent No.1 Taluka Krishi Adhikari appeared before the District Forum filed written version and replied that they have forwarded the complainant’s claim along with the documents including 7/12 extract, driving license for the tractor through opponent No.2 Jayka Insurance Brokarage Company to opponent No.3 insurance company.

5. The opponent No.2 brokarage company filed their written version contending that it has forwarded the claim to insurance company.

6. The opponent No.3 insurance company appeared before the District Forum and filed written version submitted that the deceased died while driving tractor and trolly of sugarcane. It is clear that trolly was loaded with sugarca