Date of filing :10.05.2024 Date of order :01.07.2025 MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL COMMISSION,MUMBAI, BENCH AT AURANGABAD.

FIRST APPEAL NO. : 447 OF 2024 IN COMPLAINT CASE NO.: 87 OF 2023 DISTRICT CONSUMER FORUM : AURANGABAD Sangita W/o Sambhaji Warungale, …APPELLANT R/o Yashwant Nagar, Jalna, ( Adv.R.V.Jadhav)

Presently R/o C/o Pramod Patil, Flat No.201, Elite Cube Apartment, Samarth Nagar, Aurangabad.

VERSUS Branch Manager, …RESPONDENT The National General Insurance (Adv.R.R.Imale)

Company Ltd., 2nd Floor Ishita Complex, Near Madhuban Hotel, Shivaji Chowk, Jalna, Through its Divisional Manager, The National General Insurance Company Ltd., Hajari Chambers, Padampura, Station Road, Aurangabad 431 001.

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

Dr.Nisha.A.Chavhan, Hon’ble Member, Nagesh.C.Kumbre, Hon’ble Member J U D G M E N T (Delivered on 01/07/2025)

Per Dr.Nisha Amol Chavhan, Hon’ble Member.

1. This is an appeal challenging the correctness and legality of the Judgment and Order passed by the Ld. District Consumer Disputes Redressal Commission Aurangabad (‘District Commission’ for short) in Consumer Complaint No.87/2023. In the said case, the District Commission has rejected the complaint.

2. Being aggrieved by the order passed by the District Consumer Disputes Redressal Commission, Aurangabad in the consumer complaint No.87 of 2023 on 4/4/2024, Appellant filed an appeal before this commission. The facts giving rise to this appeal are as under.

3. The appellant most humbly submits that, the Appellant Sangita w/o. Sambhaji Warungale, R/o. Yashwant Nagar, Jalna. Presently R/o. C/o. Pramod Patil, Flat No. 201, Elite Cube Apartment, Samarth Nagar, Aurangabad for the purpose of education of her daughter.

4. That, the deceased husband of appellant purchased Hyundai Creta 1.4 E+ 4 Wheeler Car of Hyundai company for the purpose of personal and family and use, which vehicle no. is MH-

21-BF-2977 on dated 25.05.2018.

5. That, the husband of appellant insured his own car the vehicle no. MH-21-BF-2977 in the year of 2021 - 2022 to the respondent insurance company.

6. That, the deceased husband of appellant on dated

14.02.2022 in morning about approximately 09;30 a.m. went from his house towards to Mashodari College by his own car the vehicle no. MH-21-BF-2977, after that, while driving he parked his vehicle on left side of the road for the purpose of use ATM Machine about 10:15 to 10:30, he perfectly cross the road after the use the ATM Machine which is near to Sanket Xerox as under Deogiri Nagari Sahakari Patsanstha and while he return to his parked vehicle the same time the two wheeler motor cycle negligently and rashly dashed to the husband of appellant after while deceased husband going to hospital for further medical treatment, but, he cause death is accidental.

7. That, the appellant given information to the Kadim Jalna Police Station Tq. and Dist. Jalna. Firstly registered A.D. No. 7/2022 and then later registered F.I.R. No. 99/2022 against the accused offence punishable U/sec. 279, 304-A of Indian Penal Code, after police conduct investigation the inquest panchanama and dead body forward to the Civil Hospital Jalna for Post Mortem, after that, investigation officer recorded the statement of informant and witnesses along with signature of whiteness's and dead body hand over to the relatives of deceased for funeral.

8. That, the deceased husband of appellant died due to accident at that times of the accident as well as deceased hold driving license no. MH-21-20000003862 valid tills the date of 22.08.2022. on the dated 14.02.2022 the owner of the vehicle his self drive the car while driving he parked his vehicle of left side on road for the purpose of use ATM machine, after the using ATM while he was returning to car some unknown two wheeler rashly and negligently dash to his causing death deceased husband firstly dismounting the car for the said purpose and later he went to the car for mounting in to the car to go for his