COURT NO: 04 APPEAL NO. 1987 OF 2013

1. Sankargiri Jamnagiri Meghnathi, 2. Jamnaben Sankargiri Meghnathi.

Khodiyar Nagar, Taluka: Sutrapada, District: Junagadh. ...Appellant.

V.s Iffco Tokiyo General Insurance Co. Ltd.

Capital Complex, 2^nd Floor, Vithalwadi, Bhavnagar. ...Respondents.

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BEFORE: Mr. I. D. Patel, Judicial Member Dr. J. G. Mecwan, Member.

APPERANCE: Mr. V. M. Pancholi L.A. for the appellant, Mr. R. P. Raval L.A. for the respondent.

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ORDER BY Mr. I. D. PATEL, JUDICIAL MEMBER.

JUDGMENT

1. Being aggrieved by and dissatisfied with the judgment and order dated

30.04.2013 rendered in Case No. 3/2012 by the ld. Consumer Disputes Redressal Forum, Bhavnagar, appellants/original complainants have filed present appeal against the opponent Insurance Company before the State Commission questioning the legality and propriety of the impugned order as per the provision of Section 15 of the Consumer Protection Act. Hence, for the sake of the convenience, parties to the present appeal are hereinafter referred to by their original nomenclature/status.

2. The brief facts of the complainant complaint before the Ld. Dist. Forum, Bhavnagar, are that the complainants are the parents of the deceased Prbhatgiri Shankargiri who was serving as a cleaner cum conductor on truck No. GJ10W7282 belongs to Manojbhai Virjiibhai Kataliya. It is further, the case of the complainants that on 27.06.2010 the said truck was driven by truck driver Yusufbhai Dadabhai Sumra and when the said truck reached near cross road of Khatraj, at about 12p.m. deceased Prabhatgiri thrown off from the truck with the result thereof he sustained grievous injury on head and the other part of the body therefore, he was initially admitted in the Nadiad, Civil Hospital for the treatment and thereafter, he was transfer to Civil Hospital Ahmedabad, and on 02.07.2010 during the course of the treatment Prbhatgiri died, for that police complaint filed before the Mehmdabad Police Station.

3. It is the further, the case of the complainant that the opponent owner of the truck had taken the Insurance Policy for the period of 20.02.2010 to 19.02.2011 from the opponent Insurance Company for the personal accident of cleaner cum conductor by paying premium of Rs.25 for Rs. 2,00,000/-. It is the further the case of the complainant that thereafter, the complainant submitted necessary paper to the opponent for payment of the claim amount as per the Insurance Policy to the complainant but in spite of repeated reminders made by the complainants. The Insurance Company has not paid any amount to the complainant, therefore, the complainants have filed the complaint under the Consumer Protection Act. before Ld. District Forum, Bhavnagar, claiming Rs. 2,00,000/- with the interest at the rate of 12% from the opponents and complainant has also claimed Rs.50,000/- for the mental harassment and Rs.10,000/- for the cost of litigation.

4. That the ld. Forum issued notice to the opponent and opponent Insurance Company appeared through Ld. Advocate Akshaybhai Oja and filed written statement against complaint, denying all the facts stated in the complaint. Furthermore, Insurance Company has also categorically stated in their written statement that complainant has not come with the clean hands and complainant has suppressed the materially fact in the complaint and therefore, the complaint filed by the complainant is not maintainable. It also further, submitted by the Insurance Company that this forum has no jurisdiction to decide and hear the complaint of the complainant and therefore, Insurance Company prays for the dismissal for the complaint of the complainant.

5. After hearing both the sides and after perusal of the material on r