A-17-1350

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

MAHARASHTRA, MUMBAI

Appeal No.A/17/1350

Liberty General Insurance Ltd.

10^th floor, Tower A

Peninsula Business Park

Ganpatrao Kadam Marg

Lower Parel (west)

Mumbai 400 013 ...........Appellant

Versus

Smt.Hirabai Raghunath Shinde

R/o.Village Devale

Taluka Panhala, District Kolhapur ............Respondent

BEFORE:

Justice S.P.Tavade President

Smt.S.T.Barne, Judicial Member

PRESENT: Mr.D.S.Joshi –Advocate for appellant

Mr.Vikas Shinde-Advocate for respondent

ORDER

(29^th July, 2022)

Per Hon’ble Justice S.P.Tavade, President

1. Being aggrieved and dissatisfied with the judgment and order passed by the

Learned District Consumer Disputes Redressal Commission, Central Mumbai in

consumer complaint no.CC/16/140 dated 21/01/2017, the original opponent-

M/s.Liberty General Insurance Ltd. has preferred this appeal.

2. It was contended that there was tri-partite agreement of insurance for the benefit

of farmers. The said agreement was executed on 04/12/2014 between the

A-17-1350

Commissioner (Agriculture) and M/s.Deccan Insurance and Reinsurance Brokers

Pvt.Ltd. and M/s.Liberty Videocon General Insurance Co.Ltd. It was contended that

the common documents to all the claims were as under:-

i) Proof of age : School Leaving Certificate/Election Card/School Head

Master’s Certificate/Gram Panchayat Certificate (any one of the

aforementioned).

ii) 7/12 Extract

iii) Village Annexure No.6C

iv) Village Annexure No.6D (Fer Far)

v) Death/Disabiliy Certificate

vi) Copy of Bank Pass book for bank name & Account no.of the

beneficiary as stated in Point no.X.

3. It was contended by the respondent, she is legal heir of deceased –Raghunath

Chandrappa Shinde who died on 17/05/2015 due to snake bite while working in the

field that he was beneficiary under the above mentioned agreement. He was taken to

Primary Health Centre at Borpadale and then referred to CPR Hospital at Kolhapur

where he was declared as brought dead. Hence, said fact was reported to the police.

Accordingly, police visited the spot. They prepared spot panchanama, inquest

panchanama and the body was sent to the Government Hospital for the post mortem

examination. After post mortem, the death certificate was issued but the cause of

death was reserved till the receipt of report of Chemical Analyser (C.A.). It was

contended that on the basis of the said documents, the claim was put forth before the

Insurance company, but it was repudiated on the ground that there is no opinion that

the death of deceased was caused due to the snake bite. It was also the case of

opponent-Insurance company that the complainant failed to produce the 6D extract,

namely, Ferfar of land survey. Hence, the complaint came to be filed against the

opponent/ present appellant.

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4. On the basis of documents on record, the District Commission has allowed the

claim. Hence, opponent/Insurance Company has preferred the present appeal.

5. Heard learned counsel Mr.D.S.Joshi for appellant and learned counsel Mr.Vikas

Shinde for respondent.

6. It is admitted fact that the deceased- Raghunath Chandrappa Shinde was

member of the tri-partite agreement. The respondent produced on record the

documents to prove that he was an agriculturist on the date of the agreement.

Appellant has denied the accidental death of deceased- Raghunath Chandrappa

Shinde. The respondent has produced on record the spot panchanama, inquest

panchanama, Post Mortem report, Death certificate. On the basis of the same, it is

vehemently submitted on behalf of appellant that death of deceased is not caused due

to the snake bite.

7. In the Post Mortem report it is mentioned that ‘there is evidence of punctured

wounds over right foot’. Therefore, there is sufficient material on record to establish

that the death of deceased was un

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