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A 1351-2019

Date of filing :30.07.2019

Date of order : 16.02.2022

MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL

COMMISSION,MUMBAI, BENCH AT AURANGABAD.

FIRST APPEAL NO. : 1351 OF 2019

IN COMPLAINT CASE NO.: 53 OF 2018

DISTRICT CONSUMER FORUM : PARBHANI.

Branch Manager,

The Oriental Insurance company Ltd.,

Daulat Building, Shivaji Chowk,

Parbhani, Tq. & Dist.Parbhani.

Through its Authorised Signatory,

Shri.Santosh P.Kalse,

R/o Aurangabad, Divisional Manager-2,

Indraprashta, Adalat Road,

Aurangabad.

…APPELLANT

VERSUS

1. Smt.Godavari Baliram Lokhande,

R/o Satefal(Wagh), Tq.Purna,

Dist.Parbhani.

2. Taluka Krishi Adhikari,

Taluka Krishi Karyalaya, Parbhani,

Tq.Parbhani, Dist.Parbhani.

3. Divisional Manager,

Jayka Insurance Brokarage Pvt.Ltd.,

2^nd floor, Jayka Building, Commercial Road,

Civil Lanes, Nagpur-440001.

…RESPONDENTS

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

Member.

Mr.K.M.Lawande, Hon’ble Member.

Present : Adv.R.P.Mugdiya for appellant,

Adv. G.H.Chavan & Adv.G.J.Pahilwan for respondent No.1,

Adv.Sahebrao Labde for respondent No.3.

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A 1351-2019

J U D G M E N T

(Delivered on 16/02/2022)

Per Mr.K.M.Lawande, Hon’ble Member.

1. Being aggrieved by the judgment and order of District Forum ,

Parbhani in C.C.No.53/2018 decided on 14.03.2019 the appellant has filed

this appeal.

2. The appellant is the Opponent No.3 , the respondent NO.2 & 3 are

opponent No.2 & 3 and respondent No.1 is the complainant in said

complaint. They are hereinafter referred to as ‘complainant’ and ‘opponent’

as per their status in their complaint. The District Consumer Dispute

Redressal Forum is hereinafter referred to as ‘District Forum’ for the sake of

convenience.

3. It is the case of complainant that her husband was driving tractor

trolly bearing tractor No.MH-22-7835 and trolly NO.MH-22-2561 carrying

sugarcane on Gangakhed to Ranisawargaon Road on 11.12.2016 and while

driving the tractor trolly it met with an accident and in the said accident the

husband of the complainant stuck under the trolly. He was taken to

Government Hospital for treatment. However, doctor declared him dead.

The offence under 536/16 is registered against the tractor driver. Post-

mortem is also done. Police have made the panchanama. The Government of

Maharashtra have already declared the scheme for protecting the farmers in

case of accident under Gopinath Mundhe Shetkari Apghat Vima Yojana. The

husband of the complainant is eligible for benefit under the said scheme.

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A 1351-2019

The complainant forwarded the insurance claim through opponent No.2

and 3 to insurance company opponent No.3. It is alleged that the opponent

No.3 insurance company repudiated her claim on 29.9.2017 stating the

reason that the husband of the complainant was not holding valid driving

license for tractor trolly. The husband of complainant was having valid

driving license for tractor at the time of accident. The opponent insurance

company has repudiated the complainant’s claim to avoid the liability of

payment under insurance policy observing deficiency in service. The

complainant has filed the consumer complaint before the District Forum

seeking directions of District Forum to opponent insurance company to pay

amount of Rs.2 lacs along with 18% interest from the date of death of her

husband. The amount of Rs.25,000/- towards agony and Rs.5000/- towards

cost also sought.

4. The opponent No.1 Taluka Krishi Adhikari appeared before the

District Forum filed written version and replied that they have forwarded

the complainant’s claim along with the documents including 7/12 extract,

driving license for the tractor through opponent No.2 Jayka Insurance

Brokarage Company to opponent No.3 insurance company.

5. The opponent No.2 brokarage company filed their written version

contending that it has forwarded the claim to insur

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