A/19/1095

Date of filing :12.06.2019

Date of order :30.11.2021

MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL

COMMISSION,MUMBAI, BENCH AT AURANGABAD.

FIRST APPEAL NO. : 1095 OF 2019

IN COMPLAINT CASE NO.: 219 OF 2018

DISTRICT CONSUMER FORUM : JALNA

New India Assurance Company Ltd.,

Branch office, 153401,23,

Budhwar Peth, Mahalaxmi Chambers,

Appa Balwant Chowk, Pune – 411 002,

New India Assurance Company Ltd.,

Through its Divisional Manager,

Divisional Office, Mahesh Compound,

Adalat Road, Aurangabad.

…APPELLANT

VERSUS

Sojarbai Ramchandra Dahigal,

R/o Nandkheda, Tq.Badnapur,

Dist.Jalna.

…RESPONDENT

CORAM : Smt.S.T.Barne, Hon’ble Presiding Judicial

Member.

Mr.K.M.Lawande, Hon’ble Member.

Present : Adv.S.G.Chapalgaonkar for appellant,

Adv. P.C.Mayure for respondent.

J U D G M E N T

(Delivered on 30/11/2021)

Per Mr.K.M.Lawande, Hon’ble Member.

(1)

Being aggrieved by the judgement and order of District Forum

Jalna in consumer complaint number 219/2018 dated 25/04/2019,the

appellant has filed this appeal.

A/19/1095

(2)

The appellant is the opponent and the respondent is complainant in

consumer complaint No.219/2018. The appellant and respondent are

herein after referred to as opponent and complainant as per their status

in the consumer complaint. The District Consumer Disputes Redressal

Forum is here in after referred to as “District Forum” for the sake of

convenience.

(3)(i) It is the case of complainant that her husband Ramchandra Dahigal

died in motor vehicle accident on 7/02/2011 when a bus dashed to his

motorcycle from back side . The driver of the bus is responsible for the said

accident and FIR is lodged against him. The deceased possessed

agricultural land in his name. After occurrence of the accident , the

complainant submitted the claim for getting amount of insurance under

the Shetkari Apghat Yojana on 13/08/2012 to Taluka agriculture Officer

,Badanapur within stipulated time prescribed for filing of claims under the

scheme. However, the opponent Insurance Company repudiated her claim

on the ground that the claim is submitted beyond the period stipulated

for filing of the complaint and it is submitted directly .

(ii)

The complainant therefore filed a consumer complaint No.90/2014

before the District Forum Jalna and claimed for the amount of insurance

under the Shetkari Apghat Vima Yojana. The District Forum allowed the

complaint vide their order dt.05/01/2015 and directed the complainant to

submit documents to the Insurance Company and further directed that

A/19/1095

the insurance company shall take the decision in the matter within 30

days (on merit) . The opponent Insurance Company challenged the order

in appeal No.79/2015 before this State Commission, where the appeal was

dismissed vide order dt.24/06/2015.

(iii)

The complainant thereafter submitted the documents the insurance

company in pursuance of the order state Commission. However the

opponent Insurance Company repudiated the Complainant’s claim on

28/11/2018 on the ground that complainant did not submit the valid and

effective driving licence of the deceased.

(iv)

The complainant there after filed second consumer complaint

No.219/2018 before the District Forum Jalna on 28/12/2018 seeking

directions to the opponent Insurance Company to pay the amount of

Rs.1,00,000/- payable under Shetkari Apghat Vima Yojana with interest

and Rs.50.000/- towards the mental and physical agony.

(4)

The opponent Insurance Company appeared before the District

Forum and resisted the complaint. In it’s written statement the opponent

Insurance Company replied that the complainant had submitted the

claim directly and it was not within the stipulated period. Therefore the

opponent repudiated complainant's claim. The complainant had filed

consumer c

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