STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA FIRST APPEAL NO. SC/32/A/359/2018 UNITED INDIA INSURANCE CO LTD PRESENT ADDRESS - MULLACKAL ALAPUZHA-688011,KERALA.

.......Appellant(s)

Versus A V BABU PRESENT ADDRESS - ANJUTHAYYIL HOUSE THUMPOLY PO ALAPUZHA,KERALA.

SAUMINI PRESENT ADDRESS - CHIRATHARACHIRA KAINAKARY ALAPUZHA,KERALA.

.......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE SRI.B.SUDHEENDRA KUMAR , PRESIDENT HON'BLE MR. SRI.AJITH KUMAR.D , JUDICIAL MEMBER SRI.RADHAKRISHNAN.K.R , MEMBER FOR THE APPELLANT:

UNITED INDIA INSURANCE CO LTD, R JAGADISH KUMAR (Advocate)

FOR THE RESPONDENT:

A V BABUSAUMINI DATED: 17/10/2025

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL No.359/2018 JUDGMENT DATED : 17.10.2025 (Against the order in C.C.No.206/2015 on the files of DCDRC, Alappuzha)

PRESENT:

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT SRI. AJITH KUMAR D. : JUDICIAL MEMBER SRI. K.R. RADHAKRISHNAN : MEMBER APPELLANT:

The Manager, United India Insurance Co. Ltd., Divisional Office, Sarada Complex, Mullackal, Alappuzha – 688 011, represented by V. Vivek, Assistant Manager, United India Insurance Co. Ltd., DO – 1, LMS Compound, Trivandrum (by Adv. R. Jagadish Kumar)

Vs.

RESPONDENTS:

1.

A.V. Babu, S/o A. K. Vasu, Anjuthayyil House, Kommady, Thumpoly P.O., Alappuzha

2.

Saumini, W/o Late Manikuttan, 515(4/456), Chiratharachira, KainakaryPanchayath, Chennamkary, Kainakary, Alappuzha – 688 501 (by Adv. Dinesh Mallan)

JUDGMENT

SRI. K.R. RADHAKRISHNAN: MEMBER This is an appeal filed under section 15 of the Consumer Protection Act, 1986, filed by the opposite party in C.C.No.206/2015 on the files of the District Consumer Disputes Redressal Commission, Alappuzha (the ‘District Commission’ for short). As per the order dated 30.11.2017, the District Commission allowed the complaint and directed the opposite party to pay an amount of Rs.10,00,000/-(Rupees Ten Lakhs only) to the legal heirs of the deceased Manikuttan with 8% interest from the date of order till realisation. The opposite party was further directed to pay Rs.2,000/-(Rupees Two Thousand only) as costs of the proceedings. The opposite party challenges the said order.

2. Brief details of the complaint are as follows:

The first complainant is the owner of the House Boat “Minar De Lake I” which was insured with the opposite party vide ‘Public Liability Non Industrial Risk’ Policy No.101500/46/14/37/00000418 for the period from 31.10.2014 to 30.10.2015. The second complainant is the wife of the deceased Manikuttan, who was an employee of the first complainant. During voyage of the boat on 14.11.2014, at about 14.30 hrs, the deceased accidently slipped in to the lake water and succumbed to the injuries. There was violent and natural disturbances due to wind and its consequences during voyage and the accident happened when the house boat reached north of Rainbow Jetty. The accident was informed to the police and fire force and he was succumbed to drowning injuries. The post-mortem was held on 15.11.2014. The intimation regarding the claim was given to the opposite party on 19.11.2014 and all the required documents were submitted on 10.01.2015. The deceased Manikuttan was working in the house boat as an employee of the first complainant, owner of the house boat. The second complainant is the widow of the beneficiary of the policy who died in the accident. The accident happened only because of the violent natural disturbance during the voyage of the boat and the policy provides cover for the crew of the house boat also. Hence, the legal heirs of the deceased are entitled for the sum insured of Rs.10,00,000/-(Rupees Ten Lakhs only) under the policy. However, the claim was not settled by the opposite party and hence, the complainants filed this complaint claiming Rs.10,00,000/-(Rupees Ten Lakhs only) with compensation and costs.

3. Notice was issued to the opposite party who appeared and filed version before the District Commission. The opposite party admi