BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.

F.A.No.432 OF 2022 AGAINST ORDERS IN C.C.434/2019 DISTRICT CONSUMER COMMISSION-III, HYDERABAD Between:

The Divisional Manager, National Insurance Co., Ltd., Divisional Office IV, Kumarakrupa Road, Shivananda Circle, Bangalore-560 001.

Rep. by its Authorized Signatory, NIC, HRO, Hyderabad.

………..Appellant/ Opposite Party No.2 And:

1. G. Chandrakala, W/o Malla Reddy, Aged 45 years, Occ.: Housewife, R/o Flat No.103, DBR Apartment, Maitrinagar, Gaddi Annaram, Dilsikhnagar, Hyderabad.

……..Respondent No.1/Complainant

2. The Commissioner of Labour, Govt. of Telangana, T.Anjaiah Bhavan, RTC X Road, Hyderabad-500 020.

….Respondent No.2/Opposite Party No.1 Counsel for the Appellant/Opposite Party No.2 : M/s. G.N.Venkata Ramana For the Respondent No.1/Complainant : Called absent Counsel for the Respondent No.2/Opposite Party No.1 :

Govt. Pleader (Sri D.Mahender Rao)

QUORUM:

HON’BLE SMT. JUSTICE DR.G.RADHA RANI, PRESIDENT HON’BLE SMT. R.S. RAJESHREE, MEMBER – (NJ)

TUESDAY, THE 10th DAY OF FEBRUARY TWO THOUSAND TWENTY SIX *******

Order: PER HON’BLE SMT. JUSTICE DR.G.RADHA RANI, PRESIDENT

1. The appeal is preferred by the appellant/Opposite Party No.2, aggrieved by the order of District Consumer Disputes Redressal Commission-III, Hyderabad in CC No.434/2019, dated 01.02.2022 in allowing the complaint and directing the opposite party No.2 to pay an amount of Rs.5,00,000/- along with interest at 12% per annum (wrongly typed as per month), from the date of claim repudiation i.e. 23.03.2017 till the date of realization and to pay Rs.5,000/- towards the costs of complaint and directed to comply the order within a period of 45 days, failing which the amounts mentioned would carry interest at 18% per annum from the date of order till actual payment.

2. The parties are herein referred to as they were arrayed before the District Commission, as complainant and opposite parties.

3. a) The case of the complainant was that she was the wife and nominee of the deceased G.Malla Reddy, who was the Member of the Telangana Transport Driver and Non-Transport Auto Driver, Home Guards and Journalists Social Security Scheme, 2015. The Telangana State provided a Group Personal Accident Insurance Scheme to Transport Drivers from opposite party No.2, vide Master Policy No. 603900421610000084, through opposite party No.1 for an amount of Rs.5,00,000/-.

b) She further submitted that on 26.10.2016 at about 22:30 hours while deceased G.Malla Reddy, was riding the motor cycle No.AP29BL9645 and proceeding from Cherlapally to Dilsukhnagar side and when reached in front of Uppal RTC Depot, the rider of the motor cycle bearing No.AP 29 R 4087 came in opposite direction in a rash and negligent manner and hit the motor cycle of the deceased in high speed, due to which G.Malla Reddy sustained severe injuries. Immediately after the accident he was shifted to Gandhi Hospital, Secunderabad and while undergoing treatment succumbed due to injuries on 30.10.2016. The Medipally Police registered a case in Crime No.696 of 2016 u/s 337 IPC and after investigation filed the charge sheet.

c). After the death of G.Malla Reddy, the complainant approached the Asst. Labour Officer, Dilsuknagar and submitted claim intimation and necessary documents for settlement of Personal Accident Claim. The Asst. Labour Officer, has sent claim intimation to the opposite party No.2 office for settlement of claim. After three months, on 24.03.2017, the opposite party No.2 sent the claim repudiation letter to opposite party No.1 office stating that “the deceased was under the influence of alcohol at the time of the accident”. The complainant submitted that the deceased died in a Road Traffic Accident (RTA), but not due to the influence of alcohol. Therefore, on 18.05.2018, the complainant approached the office of the Insurance Ombudsman, Hyderabad and filed a complaint but the Insurance Ombudsman dismissed the complaint on 07.02.2019. Vexed with it,