R.S.SHARMA, J. - (1.) THIS appeal is directed against the order dated 29.01.2013 passed by the District Consumer Disputes Redressal Forum, Raipur (C.G.) (henceforth called 'District Forum' for short) in Complaint Case No.146/2010, whereby the complaint filed by the complainant / respondent, has been partly allowed and O.P. / Insurance Corporation, has been directed to pay a sum of Rs.50,000/ - to the respondent/complainant along with interest @ 6% p.a. with effect from the date of filing of the complaint i.e. 15.03.2010 till date of payment. The O.P. / Insurance Corporation has further been directed to pay a sum of Rs.5,000/ - as compensation for mental agony and Rs.3,000/ - as Advocate fees and cost of litigation to the respondent /complainant.
(2.) BRIEF facts of the case are that the respondent / complainant Smt. Dharmautin Bai, is widow of deceased Khedanlal Nishad. Khedanlal Nishad obtained an insurance policy bearing no.383563356 for the period from 28.08.2004 to 28.08.2024 for the period of 20 years. The assured sum was of Rs.50,000/ - and he paid a sum of Rs.705/ - quarterly as premium. The respondent / complainant is nominee of the deceased Khedanlal Nishad. On 10.04.2009 when Khedanlal Nishad was riding as pillion rider on motorcycle bearing No.C.G.04 -C.M. -5356, the said motorcycle met with an accident with a vehicle which was coming from front side and Khedanlal Nishad died due to accident. The respondent / complainant submitted claim before appellant/Insurance Corporation, but no payment was made by the appellant/Insurance Corporation to the respondent / complainant. The respondent/complainant sent legal notice to the appellant/Insurance Corporation, but no action was taken by the appellant / O.P. hence the respondent/complainant filed consumer complaint before the District Forum, Raipur.
(3.) THE appellant/Insurance Corporation filed reply before the District Forum and averred that the premium of the insurance policy was paid upto 22.02.2008, thereafter no premium was paid by the respondent / complainant or deceased Khedanlal Nishad and policy became lapsed due to non -payment of premium within stipulated time and also within the grace period, therefore, the appellant/Insurance Corporation was not liable to pay insured amount to the complainant because the policy became lapsed. The respondent/complainant is not entitled for any amount. Deceased Khedanlal Nishad has taken loan on the basis of said premium. After deducting the loan amount, the Insurance Corporation prepared cheque no.026031 dated 19.01.2010 for sum of Rs.4,502/ - and sent it to the respondent/complainant, but the respondent/complainant, refused to accept the same and she is not entitled for insured amount due to lapse of the insurance policy. Therefore, the complaint filed by the respondent/complainant before the District Forum, is liable to be dismissed. After having considered the material placed before it by both the parties, learned District Forum partly allowed the complaint and O.P. / Insurance Corporation, has been directed to pay a sum of Rs.50,000/ - to the respondent/complainant along with interest @ 6% p.a. with effect from the date of filing of the complaint i.e. 15.03.2010 till date of payment. The O.P. / Insurance Corporation has further been directed to pay a sum of Rs.5,000/ - as compensation for mental agony and Rs.3,000/ - as Advocate fees and cost of litigation to the complainant.;