HEMIBEN LADHABHAI BHANDERI Vs. SAURASHTA GRAMIN BANK
LAWS(SC)-2020-2-108
SUPREME COURT OF INDIA
Decided on February 03,2020

Hemiben Ladhabhai Bhanderi Appellant
VERSUS
Saurashta Gramin Bank Respondents

JUDGEMENT

Dr. Dhananjaya Y. Chandrachud, J. - (1.)Leave granted.
(2.)This appeal arises from a judgment of the National Consumer Disputes Redressal Commission [NCDRC] dated 25 October 2018 in a revision from an order of the State Consumer Disputes Redressal Commission, Gujarat [SCDRC].
(3.)The spouse of the appellant, Ladhabhai Thakarsibhai Bhanderi, was an account holder with the first respondent at its Dhutarpur Branch in the District of Jamnagar in Gujarat. Oriental Insurance Company Limited had launched a 'group individual accident policy' for the account holders of the Bank. Under the terms of the agreement between the insurer and the Bank, the account holder was required to submit a form to the concerned officer of the Bank in order to avail of an insurance cover. The Bank would deduct an amount of Rs. 100 as premium from the account holder and forward it to the insurer. An insurance cover of Rs. 5 lakhs was offered. The case of the appellant is that on 21 July 2008, her spouse obtained an insurance form from the Bank and submitted it to its Manager. He met with an accident on 1 August 2008 while travelling on his motorcycle and succumbed to his injuries on 11 August 2008. Based on a case of accidental death, the appellant claimed an entitlement to receive a compensation of Rs. 5 lakhs under the insurance claim. The insurer repudiated the claim on the ground that the premium had not been forwarded by the Bank together with the form. The Bank took the objection that the form had not been submitted in time by the deceased and that after submitting it initially on 28 July 2008, he had taken it back to discuss the matter with his relatives.
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