PADMABATI BEHERA Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) BOTH the cases have been filed under Section 12 of the Consumer Protection Act, 1986 in short C.P. Act, by two different complainants for deficiency in service of the Oriental Insurance Company Ltd. represented through its Sr. Divisional Manager, and Branch Manager, Oriental Insurance Co. Ltd., Mochisahi Square, Puri, hereinafter be called as opposite party Nos. 1 and 2 respectively, in settling the death claim of late Biranchi Narayan Behera.

(2.) A common judgment is passed in both the cases for convenience, as the cases are heard analogously in one day.

(3.) THE fact of the case in brief is that, undisputedly opposite party No. 3 of C.D. Case No. 78 of 2002, who is the complainant in C.D. Case No. 76 of 2002, is a company registered under the Companies Act, whose work is to distribute and supply electricity in the Western region of Orissa. This opposite party No. 3 has employed number of employees for smooth distribution and supply of electricity and Biranchinarayan Behera as such was working as a helper under opposite party No. 3. The Oriental Insurance Co. Ltd. is a subsidiary Company of General Insurance Corporation of India in short G.I.C.I and is doing business of fire and accident insurance for rendering service to the consumers. The opposite party Nos. 1 and 2 are the Officers of the Oriental Insurance Co. Ltd. in short O.I.C. They are responsible for settlement of claim, interest and damage due to accidental death and injuries in respect to insured under the Group Personal Accident Insurance Scheme of the O.I.C. The opposite party No. 3 adopted such Group Personal Accident Insurance Scheme for its employees for the period of insurance from 28.2.2000 to 27.2.2001, sum insured per person Rs. 3,00,000 (three lakh) by paying premium from its own fund. Biranchi Narayan Behera (since dead) who is the husband of Padmabati Behera, the complainant in C.D. Case No. 78 of 2002, was an insured member under said policy No. 345309/2000/41. Opposite party No. 3 has paid the periodical premium for and on behalf of the employees including said Biranchi.