AFR / NAFR CHHATTISGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION PANDRI, RAIPUR Date of Institution: 20/01/2025 Date of Final Hearing: 10/02/2026 Date of Pronouncement: 11/03/2026 APPEAL No.- SC/22/FA/39/2025 IN THE MATTER OF :

Bajaj Allianz General Insurance Co. Ltd., Through: Branch Manager, 2^nd Floor, Shivmohan Bhavan, Vidhan Sabha Road, Pandari, Raipur, Dist. Raipur (C.G.) … Opposite Party/ Appellant Through: Shri Laxman Singh Gurung, Advocate Vs.

Smt. Rohni Yadav, W/o. Late Shri Vinod Kumar Yadav, R/o. Ward No.14, Bhathapara, Tumgaon, P.S. Tumgaon, Tah. & Dist. Mahasamund (C.G.) … Complainant/ Respondent Through: Shri Viplav Sharma, Advocate CORAM: -

HON’BLE SHRI JUSTICE GAUTAM CHOURDIYA, PRESIDENT HON’BLE SHRI PRAMOD KUMAR VARMA, MEMBER PRESENT: -

Shri Laxman Singh Gurung, Advocate for the appellant.

Shri Viplav Sharma, Advocate for the respondent.

O RD E R

PER: - JUSTICE GAUTAM CHOURDIYA, PRESIDENT This appeal, under Section 41 of the Consumer Protection Act 2019 (hereinafter called “the Act” for short), is preferred against order dated 05.12.2024 passed by District Consumer Disputes Redressal Commission, Mahasamund (CG) (hereinafter called “District Commission” for short) in Complaint Case No.CC/57/2023 whereby the complaint was partly allowed directing the opposite party / appellant herein to pay within 45 days an amount of Rs.15,00,000/- (Fifteen Lacs) towards personal accident insurance amount with interest @ 6% p.a. from the date of filing complaint 25.07.2023 till final realization. Apart from that to pay Rs.25,000/- (Rupees Twenty Five Thousand) towards compensation for mental agony and Rs.3,000/- (Rupees Three Thousand) towards cost of litigation.

2. In nutshell the facts of the case are that the complainant/ respondent's husband, late Vinod Yadav, had insured his motorcycle bearing registration No.CG-06-GQ-2623 with the opposite party/

appellant for the period from 10.08.2019 to 09.08.2020. In the said policy deceased Vinod Yadav, the owner of the insured vehicle was insured for personal accident cover of Rs.15,00,000/- as owner-driver and upon his death during the said insurance period, the opposite party/ appellant was liable to pay the personal accident claim amount of Rs.15,00,000/- to his wife, Rohini Yadav i.e. the complainant/ respondent. On 02.08.2020, the complainant/ respondent's husband Vinod Yadav, along with his friends Narayan Nirmalkar and Ramkumar, while returning to Tumgaon village on the insured motorcycle and deceased Vinod Yadav was driving the motorcycle were dashed from opposite direction on N.H.53, in front of Pataimata Hospital Patewa by driver of another motorcycle driving his motorcycle at a very high speed and carelessly. All the three persons, who were riding the motorcycle, suffered serious injuries and were taken to Pataimata Hospital, Patewa for treatment. After initial treatment, all three were brought to the Community Health Centre, Tumgaon. Due to the severity of Vinod Yadav's injuries, his family took him to MMI Narayana Hospital, Raipur, where he died during treatment on 09.08.2020.

3. Following the accident, the complainant/ respondent contacted the opposite party/ appellant, presented all documents related to her husband's death in a motor accident, and demanded a personal accident insurance amount of Rs.15,00,000/-. However, even after the opposite party/ appellant collected all the documents from the complainant/ respondent the personal accident insurance amount of Rs.15,00,000/- has not been paid to her, alleging which as deficiency in service on the part of the opposite party/ appellant complaint was filed before the District Commission seeking direction for award of personal accident insurance amount of Rs.15,00,000/-, Rs.1,00,000/- for mental agony and suffering, Rs.50,000/- for litigation cost and prevailing rate of interest on the above amount.

4. The opposite party / appellant in its written version denying the allegations levelled in the complaint averred that after re