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K.Navlakha
A/13/1987
Page 1 of 7
BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION
GUJARAT STATE AHMEDABAD.
COURT NO: 04
APPEAL NO. 1987 OF 2013
1. Sankargiri Jamnagiri Meghnathi,
2. Jamnaben Sankargiri Meghnathi.
Khodiyar Nagar,
Taluka: Sutrapada,
District: Junagadh. ...Appellant.
V.s
Iffco Tokiyo General Insurance Co. Ltd.
Capital Complex, 2nd Floor,
Vithalwadi,
Bhavnagar. ...Respondents.
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BEFORE: Mr. I. D. Patel, Judicial Member
Dr. J. G. Mecwan, Member.
APPERANCE: Mr. V. M. Pancholi L.A. for the appellant,
Mr. R. P. Raval L.A. for the respondent.
=========================================================
ORDER BY Mr. I. D. PATEL, JUDICIAL MEMBER.
JUDGMENT
1.Being aggrieved by and dissatisfied with the judgment and order dated
30.04.2013 rendered in Case No. 3/2012 by the ld. Consumer Disputes
Redressal Forum, Bhavnagar, appellants/original complainants have
filed present appeal against the opponent Insurance Company before the
State Commission questioning the legality and propriety of the impugned
order as per the provision of Section 15 of the Consumer Protection Act.
Hence, for the sake of the convenience, parties to the present appeal are
hereinafter referred to by their original nomenclature/status.
2.The brief facts of the complainant complaint before the Ld. Dist. Forum,
Bhavnagar, are that the complainants are the parents of the deceased
Details
DD MM YY
Date of disposal 30
09
2022
Date of filing
26
08
2013
Duration
04
01
09
K.Navlakha
A/13/1987
Page 2 of 7
Prbhatgiri Shankargiri who was serving as a cleaner cum conductor on
truck No. GJ10W7282 belongs to Manojbhai Virjiibhai Kataliya. It is
further, the case of the complainants that on 27.06.2010 the said truck
was driven by truck driver Yusufbhai Dadabhai Sumra and when the
said truck reached near cross road of Khatraj, at about 12p.m. deceased
Prabhatgiri thrown off from the truck with the result thereof he sustained
grievous injury on head and the other part of the body therefore, he was
initially admitted in the Nadiad, Civil Hospital for the treatment and
thereafter, he was transfer to Civil Hospital Ahmedabad, and on
02.07.2010 during the course of the treatment Prbhatgiri died, for that
police complaint filed before the Mehmdabad Police Station.
3.It is the further, the case of the complainant that the opponent owner of
the truck had taken the Insurance Policy for the period of 20.02.2010 to
19.02.2011 from the opponent Insurance Company for the personal
accident of cleaner cum conductor by paying premium of Rs.25 for Rs.
2,00,000/-. It is the further the case of the complainant that thereafter,
the complainant submitted necessary paper to the opponent for payment
of the claim amount as per the Insurance Policy to the complainant but
in spite of repeated reminders made by the complainants. The Insurance
Company has not paid any amount to the complainant, therefore, the
complainants have filed the complaint under the Consumer Protection
Act. before Ld. District Forum, Bhavnagar, claiming Rs. 2,00,000/- with
the interest at the rate of 12% from the opponents and complainant has
also claimed Rs.50,000/- for the mental harassment and Rs.10,000/- for
the cost of litigation.
4.That the ld. Forum issued notice to the opponent and opponent
Insurance Company appeared through Ld. Advocate Akshaybhai Oja and
filed written statement against complaint, denying all the facts stated in
the complaint. Furthermore, Insurance Company has also categoricall
