SHISHMA DEVI AND ORS Vs. EXECUTIVE ENGINEER, I & PH DIVISION AND ORS
LAWS(HPCDRC)-2010-12-5
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on December 17,2010

Shishma Devi And Ors Appellant
VERSUS
Executive Engineer, I And Ph Division And Ors Respondents

JUDGEMENT

- (1.) THIS appeal is directed against the order of District Consumer Disputes Redressal Forum, Shimla passed in Consumer Complaint No. 482/2004, dated 28.04.2009, whereby the complaint of the appellants was dismissed by holding that it is being without any substance since it was concluded by the Forum below that the deceased policy holder was under the influence of liquor at the time of accidental death and as such the appellants are not entitled for the claim as per terms and conditions of policy.
(2.) THE facts of this case within narrow compass are that Shri Nittu Ram who was working as daily wager Beldar with respondent No. 1 In IPH Department, Rohru was duly insured with the Insurance Company -respondent No. 2 for a sum of Rs. 2,00,000/ - in case of accidental death in course of his employment under the scheme, "Janta Personal Accident Insurance Policy" and the premium for the said policy was paid by respondent No. 1.
(3.) THE other averments made in the complaint are to the effect that on 04.04.2003 Shri Nittu Ram policy holder after finishing his duty at 5.00 a. m. left for his residence at Village Kaloti and while on its way to his house, he had accidental fall and received fatal injuries, resulting in his spontaneous death. Since the death was caused during the course of his employment and he was insured for a sum of Rs. 2,00,000/ - by the respondent No. 1 and it was accidental one and as such the legal heirs of deceased appellant No. 1 being mother and appellants No. 2 and 3 minor son and daughter of deceased Shri Nittu Ram made request to the respondents for making the payment to appellants of insurance claim, but no heed was paid to their requests. In this background, complaint under Section 12 of Consumer Protection Act, 1986 was filed against the respondents for deficiency of service/unfair trade practice on their part, wherein an amount of Rs. 2,00,000/ - was claimed and damages to the tune of Rs. 50,000/ - were also claimed for mental torture, harassment and litigation cost amounting to Rs. 11,000/ - was also prayed to be paid.;


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