STATE CONSUMER DISPUTES REDRESSAL COMMISSION CIRCUIT BENCH NAGPUR FIRST APPEAL NO. SC/CB2/27/A/16/137 ORIENTAL INSURANCE CO.LTD, THROUGH ITS REGIONAL MANAGER PRESENT ADDRESS - REGIONAL OFFICE, NELSON SQUARE, CHHINDWARA ROAD, NAGPUR,MAHARASHTRA.

.......Appellant(s)

Versus SMT. VACHHALABAI WD/O TUKARAM PAWAR PRESENT ADDRESS - R/O. JASHI, TAHSIL MAAN, DISTRICT SATARA,MAHARASHTRA.

KABAL INSURANCE CO.LTD PRESENT ADDRESS - R/O. 118-B, MITTAL TOWER, 11TH FLOOR, NARIMAN POINT, MUMBAI,MAHARASHTRA.

STATE OF MAHARASHTRA PRESENT ADDRESS - THROUGH AGRICULTURE, ANIMAL HUSBANDARY DEPTT.

MANTRALAYA, MUMBAI-400 032.,MAHARASHTRA.

.......Respondent(s)

BEFORE:

HON'BLE MRS. KALYANI KAPSE , PRESIDING MEMBER HON'BLE MS. SHAILA D. WANDHARE , MEMBER FOR THE APPELLANT:

ADV. YOGESH RAHATE FOR THE APPELLANT.

FOR THE RESPONDENT:

ADV. SHIKHARE FOR THE RESPONDENT.

DATED: 10/09/2025

ORDER

(Delivered on 10/09/2025)

Per Mrs Kalyani Kapse, Hon’ble Presiding Member

1. The Applicant namely Oriental Insurance Company through Regional Manager, Nagpur has preferred the present appeal under section 15 of Consumer Protection Act, 1986 (For the sake of brevity "The Act") against Order/Judgement dated 10/05/2016 passed by the learned District Consumer Dispute Redressal Forum, Nagpur in Complaint Case No. CC/24/2015 by which complaint filed by the complainant was partly allowed.

2. Short facts leading to the filing of the Appeal is as follows. (Parties are herein after referred as per their original nomenclature for better appreciation) The case of the complainant is that the present Respondent No.1/Original Complainant had filed a complaint on ##### as a beneficiary of Farmers Accident Claim Policy alleging that her husband Tukaram Govind Pawar, who was the owner of agricultural land bearing Survey No.51 Mouza Jashi, expired due to an accidental death by snake bite.

3. It is further alleged that she submitted a claim form and documents with the present Respondent No.3. It is further alleged that she was not informed regarding the fate of claim submitted. Therefore, she filed a complaint before the Consumer Forum at Nagpur.

4. After the receipt of the Notice from the District Consumer Forum, Nagpur, the present Appellant/ Opposite Party filed its reply on 28/11/2015 specifically contending therein that the claim of the complainant is repudiated on 16/12/2009 as the claimant had not submitted the police papers and Post Mortem Report, as those documents were mandatory for settlement of claim.

5. It is further submitted that according to the terms and conditions of the Insurance Policy, the claim is to be submitted within a period of 90 days in any case after the expiry of the policy period. However, the claim was received after the cut-

off date and thus, the claim is not maintainable.

6. The leamed District Consumer Disputes Redressal Forum, Nagpur thereafter recorded the evidence led by the Complainant as well as Opposite party. The learned District Consumer Disputes Redressal Forum, Nagpur also went through the documents filed by both the parties as well as written notes of arguments.

7. After appreciating the oral and documentary evidence the leamed District Consumer Disputes Redressal Forum, Nagpur has partly allowed Complaint No. CC/24/2015 and directed the Opposite party to pay Rs.1.00 lac along with interest @ 9% per annum from 16/12/2009, till its realization, so also directed the Appellant to pay Rs.5000/-towards the Compensation and Rs.3000/- being the cost of the proceedings.

8. Being aggrieved by the said order, the present Appellant is constrained to file the present Appeal before this Commission.

9. Appellant/Original Opposite Party No.1, prefers the present Appeal on the following facts and grounds that the trial commission miserably failed to consider and appreciate the terms and conditions of the policy for the purposes of making the claim for getting the same settled.

10. The learned Forum manifestly failed to consider that admittedly there is absolutely no evidence brought on