- (1.) THIS appeal is directed against order dated 6.2.2012 of District Consumer Disputes Redressal Forum, Korba (C.G.) (hereinafter called "District Forum" for short), passed in Complaint Case No. 31/2011, whereby the complaint of the complainant has been allowed against the Insurance Company.
(2.) THIS defence was raised by the appellant/Insurance Company before District Forum that deceased Shri Duje Ram was not insured by this Insurance Company, because the Insurance Certificate was not produced by the complainant and no list was brought on record by the employer/respondent No. 2 to show that name of the deceased was also figuring in that list.
(3.) WE have gone through the pleadings of all parties. The appellant/Insurance Company has provided insurance cover by way of Group Janta Personal Accident Policy to all permanent employees of respondent No. 2./S.E.C.L: The case of the complainant before District Forum was that Shri Duje was also a permanent employee of the S.E.C.L. The insurance premium was deducted from his salary and was paid to the Insurance Company, so he was insured and had died accidentally. The employer/S.E.C.L. has also supported this pleading. The Insurance Company has not brought any material on record to show that deceased was not insured or that no insurance premium was ever received by it for providing insurance cover to the deceased. The general plea was taken by the Insurance Company that insurance policy has already been cancelled by refunding amount of prorata premium to the employer, but as per settled position of law, unless personal notice is given to the insured during his lifetime along with refund of prorata premium, the policy remain in existence and cannot be treated as cancelled so, District Forum has rightly observed that questioned policy was not cancelled and as the Insurance Company has not brought any material on record to show that deceased was not insured and all permanent employees of S.E.C.L were insured, so it can safely be presumed that deceased was also insured by the Insurance Company under Group Janta Personal Accident Policy after receiving premium.;