- (1.) THIS appeal is directed against the order dated 28.04.2014, passed by District Consumer Disputes Redressal Forum, Raipur (C.G.) (henceforth "District Forum") in Complaint Case No. 143/2011. By the impugned order, learned District Forum has allowed the complaint of the respondent (complainant) and directed the appellants (OPs) to pay within a month from the date of order a sum of Rs.5,00,000/ -, which is insured amount under Group Personal Accidental Insurance Policy, along with interest @ 6% p.a. from the date of filing of the complaint i.e. 13.04.2011 till realisation. The District Forum has also directed the appellants (OPs) to pay a sum of Rs. 1,00,000/ - towards compensation for mental agony. The above amount will be paid by the respondent (complainant) to the legal heirs of the deceased Vijaylal Sinha, within a month from the recovery of the said amount from the Insurance Company. The District Forum has also directed the appellant (O.P.) to pay sum of Rs.1,000/ - as cost of litigation to the respondent(complainant).
(2.) BRIEFLY stated the facts of the complaint are that : the respondent (complainant) purchased Group Personal Accidental Insurance Policy from the appellant (OPs) for its employee, who are working with it. In this regard an Agreement (Consent Letter) was also executed in writing between both the parties to the effect that in the case of accidental death of any employee of the respondent (complainant), the respondent (complainant) will take all action and the respondent (complainant) will have a right to take action against the appellants (OPs) (Insurance Company) on behalf of the legal heirs of the deceased. According to the Agreement (Consent Letter) in case of accidental death of any employee of the respondent (complainant), the appellant (OPs) will pay the insured amount under Group Personal Accidental Insurance Policy to the respondent (complainant). The deceased Vijaylal Sinha, was working as Attendant Gr. I (L) with the respondent (complainant). On 26.01.2010 when he was on duty he sustained injuries in road accident and had died on 27.01.2010. The matter was reported to Police Station, Kanker, District Kanker (C.G.) where Merg Intimation No.09/I0 was recorded and inquest on dead body of the deceased was prepared. The dead body was sent to Govt. K.D. Hospital, North Bastar, Kanker, for post mortem examination and post mortem was conducted. The claim in this regard was submitted by the respondent (complainant) before the appellants (OPs), but the appellants (OPs) repudiated the claim of the respondent (complainant) on flimsy ground, therefore, the respondent (complainant) filed consumer complaint before the District Forum and prayed for granting reliefs, as mentioned in the relief clause of the compliant.
(3.) THE appellants (OPs) filed written statement before the District Forum and denied all the allegations leveled by the respondent (complainant) against the appellant (OPs) in the complaint. The appellant (OPs) pleaded that the appellant (OPs) have not committed any deficiency in service and the respondent (complainant) is not entitled to get any compensation from it. The District Forum has no jurisdiction to entertain the complaint. Legal heirs of the deceased Vijaylal Sinha, are necessary party in the complaint and without adding them as party in the complaint, the complaint is not maintainable before the District Forum. The amount under the GPA insurance policy was not liable to pay and hence not paid by the respondent (complainant)and nothing has been produced regarding payment of compensation as per Group Personal Accidental Insurance Policy by the respondent (complainant). The complaint was riot filed with clean hands, therefore, the compliant is liable to be dismissed. After due appreciation of the material available before it, learned District Forum has allowed the complaint and directed the appellants (OPs) to pay compensation to the respondent (complainant), as mentioned in para 1 of this judgment.;