MANJIT RANIAppella vs NEW INDIA ASSURANCE CO. LTD.

IT is an appeal against the order dated 27.12.1999 of the District Consumer Disputes Redressal Forum, Amritsar (hereinafter called the District Forum).

BRIEF facts stated in the complaint are that the Assistant Sub-Inspector Avtar Chand, late husband of the appellant-complainant Smt. Manjit Rani (hereinafter called the complainant) was working at Amritsar under the Senior Superintendent of Police, Amritsar. It was alleged in the complaint that all the officials on the active roll of the department were to be covered under the Personal Accident Claim Policy with respondent No. 1-opposite party No. 1 (Insurance Company) (hereinafter called opposite party No. 1) en masse. The complainant alleged that respondent No. 2- opposite party No. 2-the Senior Superintendent of Police, Amritsar (hereinafter called opposite party No. 2) was responsible to take the insurance premium from the salary of the police personnel on the active roll/strength of each district and the premium was to be paid in lumpsum covering risk for the whole year. Senior Superintendent of Police was to remit the amount deducted from the salary of all the employees working under him to the concerned Insurance Company. The Senior Superintendent of Police was responsible to get policy renewed as and when it fell due and it was also averred in the complaint that in case of any accident or mishappening the Senior Superintendent of Police was supposed to take the matter well in time with the Insurance Company and to get the claim settled and to ensure the payment of claim amount to the legal heirs entitled to receive the amount. It was then alleged in the complaint that ASI Avtar Chand deceased was not insured vide policy No. 1235150104524 dated 25.9.1992 with the opposite party No. 1 and the office of opposite party No. 2 i.e. Senior Superintendent of Police, Amritsar had deducted the premium from the salary of late Avtar Chand ASI and other police personnel who were got insured vide the above said policy with opposite party No. 1 by opposite party No. 2. Avtar Chand ASI met with an accident while travelling in a bus from Amritsar to Pathankot and became unconscious. He was brought to Amritsar and was got admitted in Government Hospital, Amritsar known as SGTB Hospital on the evening of 25.9.1992. He was referred to CMC, Ludhiana in police ambulance on 26.9.1992. Avtar Chand, ASI unfortunately succumbed to his injuries and died on 1.10.1992. His post-mortem examination was conducted in Civil Hospital, Ludhiana and a report in the Daily Diary Register was also recorded in the Police Station, Ludhiana. Dead body of Avtar Chand was brought to Amritsar and was cremated with full police honours on 1.10.1992. It was then stated in the complaint that the complainant Smt. Manjit Rani was told verbally by the officials posted in the office of Senior Superintendent of Police, Amritsar that Avtar Chand ASI was insured for Rs. 75,000/- with Insurance Company-opposite party No. 1 and the office of the Senior Superintendent of Police had not paid anything to the complainant in spite of several visits and written requests to the office of the Senior Superintendent of Police, Amritsar. Following directions were sought by the complainant in her complaint: (I) Direction to the O.P. to pay Rs. 75,000/- in respect of Personal Accident Policy of Avtar Chand with interest at the rate of 24% per annum till the date of payment; (II) Compensation of Rs. 1,00,000/-; (III) Costs of proceedings of Rs. 5,000/-; (IV) Any relief. Shri Jawahar Lal son of Shri Joginder Nath, attorney of the complainant had filed an affidavit to support the complaint.

In the reply filed competency of Shri Jawahar Lal to file the complaint was disputed. The complaint was sought to be time-barred. It was denied that the Senior Superintendent of Police had obtained Group Insurance Policy, which covered Avtar Chand ASI and as such opposite party No. 1 did not accept the liability to pay anything to the complainant. Prayer was made to dismiss the complaint.

After hearing the arguments and after having gone through the documents on the file, the District Forum dismissed the complaint. Hence this appeal.

WE have heard the representative of the complainant Shri Jawahar Lal and the learned Counsel for opposite party No. 1 as well as Assistant Advocate General, Punjab, Chandigarh for opposite party No. 2 and have also gone through the record of the case as well as order of the District Forum minutely. It is an admitted fact that the deceased husband of the complainant Shri Avtar Chand, ASI, had died on 1.10.1992. It is also proved on the record that opposite party No. 2-Senior Superintendent of Police, Amritsar paid premium worth Rs. 3,57,764/- by way of Bank Draft on 25.9.1992 on behalf of the police personnel of his district. Record-keeper of State Bank of India, Ferozepur in his affidavit dated 16.11.1999 has testified that the above said Bank Draft was encashed by opposite party No. 1-Insurance Company on 29.9.1992. Shri Baldev Singh, Pension Clerk in the office of opposite party No. 2- Senior Superintendent of Police, Amritsar has stated in his affidavit that Avtar Chand deceased husband of the complainant was posted as Assistant Sub-Inspector in Amritsar at the relevant time. Shri Rajesh Kumar, Misc. Clerk in the office of Senior Superintendent of Police, Amritsar has also testified in his affidavit that Shri Avtar Chand, ASI was on effective strength of District Police, Amritsar on 25.9.1992. He has also stated in his affidavit that Bank Draft drawn on State Bank of India dated 25.9.1992 was submitted to opposite party No. 1 -New India Assurance Co. for Personal Accident Policy for the personnel of police. He has also stated in his affidavit that the death claim of Shri Avtar Chand, ASI, was filed by Senior Superintendent of Police, Amritsar with New India Assurance Co. (opposite party No. 1) vide letter No. 834-A dated 11.1.1995. He has further stated that the office of Senior Superintendent of Police, Amritsar had lodged 16 death claims with the New India Assurance Co., Ferozepur (opposite party No. 1) during 1995 and out of these only Avtar Chands case was rejected. With regard to the Bank Draft submitted by Senior Superintendent of Police, Amritsar to the Insurance Company-opposite party No. 1 it is stated by Shri Bahadur Singh, Record Keeper-cum-Clerk in the office of State Bank of India Branch, Amritsar Cantt. that the above said Bank Draft was made by State Bank of India Branch, Amritsar Cantt. and the said Bank Draft amounting to Rs. 3,57,764/- was drawn by Senior Superintendent of Police, Amritsar in favour of opposite party No. 1-New India Assurance Co., Ferozepur on 25.9.1992. Shri Balwinder Singh, Record Keeper in the State Bank of India, Ferozepur has stated in his affidavit that the Bank Draft for Rs. 3,57,764/- was encashed by opposite party No. 1-New India Assurance Co., Ferozepur through Bank clearance on 29.9.1992. It is also not disputed that opposite party No. 2-Senior Superintendent of Police, Amritsar prepared the claim papers, which included the claim of Avtar Chand ASI and forwarded the same to the Insurance Company-opposite party No. 1 vide letter No. 834-A dated 11.1.1995, copy of which is there on the record of the District Forum. It is, thus, proved on the record that ASI Avtar Chand deceased husband of the complainant was posted in Amritsar at the time of accident and he was on the active roll/strength of Senior Superintendent of Police, Amritsar on 25.9.1992 as testified by Constable Balwinder Singh, Clerk of the office of Senior Superintendent of Police, Amritsar. It is also proved on the record that the Bank draft for Rs. 3,57,764/- was paid to the Insurance Company-opposite party No. 1 for the effective strength of Senior Superintendent of Police, Amritsar on 25.9.1992. It also stands proved from the rexord that the above said Bank draft was encashed by the Insurance Company-opposite party No. 1 on 25.9.1992 and opposite party No. 2-Senior Superintendent of Police, Amritsar had written a letter to opposite party No. 1 directing the company to pay insurance claim of Rs. 75,000/- to the widow of the deceased ASI Avtar Chand. District Forum has dismissed the complaint on the following grounds: (i) That no evidence has been produced by the complainant that the deceased Avtar Chand ASI was covered under policy No. 1235150104524 dated 25.9.1992 and the complainant has not brought on record any evidence to prove that the insurance premium was deducted from the salary of deceased ASI Avtar Chand and that he was one of the Members of the Group Insurance Policy alleged to have been obtained by the Senior Superintendent of Police, Amritsar on 25.9.1992. The District Forum has further observed that the salary statement or pay roll showing the amount of insurance premium deducted from the salary of the deceased ASI Avtar Chand by the office of Senior Superintendent of Police, Amritsar, was withheld.

(ii) That no record was produced with regard to the factum that the Avtar Chand ASI had died on 1.10.1992. (iii) That the policy was obtained on 25.9.1992 and Avtar Chand ASI also died on the same day. (iv) That even if it is believed that the Bank Draft was prepared on 25.9.1992 it could not be said that this amount of Rs. 3,57,764/- was paid to opposite party No. 1 by the Senior Superintendent of Police, Amritsar before the death of Avtar Chand ASI. (v) That the complainant tried to get the claim cleared by fair and foul means. The District Forum held that by addition and interpolation of portions A to A-1 in letter Ex. R-1 is sufficient to discard the claim of the complainant.

WE feel that some of the above observations made by the District Forum are either against the record or not borne out from the record at all. The District Forum has definitely misread the evidence on the file. As has been stated above, deceased ASI Avtar Chand was on the active strength of Senior Superintendent of Police, Amritsar on 25.9.1992. Bank draft dated 25.9.1992 for Rs. 3,57,764/- drawn on State Bank of India, Amritsar was submitted to opposite party No. 1-the New India Assurance Co. for Personal Accident Policy for the police personnel on the effective strength of the District Police, Amritsar by the Senior Superintendent of Police, Amritsar. Avtar Chand, ASI had expired on 1.10.1992 and his death claim for Personal Accident Claim to the tune of Rs. 75,000/- was filed by the Senior Superintendent of Police, Amritsar with the New India Assurance Company-opposite party No. 1 vide letter dated 11.1.1995. The above mentioned Bank draft was drawn by the Senior Superintendent of Police, Amritsar in favour of opposite party No. 1-Insurance Company on 25.9.1992 and it is a fact that the draft was encashed by opposite party No. 1-Insurance Company through Bank clearance on 29.9.1992. Sukhdev Singh, Head Constable in Punjab Police, Amritsar has stated on oath before the District Forum that the above said draft was for the complete strength of the police and ASI Avtar Chand was the employee of the strength. He stated on oath before the District Forum that letter dated 11.1.1995 was sent by Senior Superintendent of Police Amritsar to opposite party No. 1 for settlement of claim of ASI Avtar Chand. It is, thus, proved on the record that Avtar Chand, ASI was on the effective strength of police of Senior Superintendent of Police, Amritsar and the Bank draft dated 25.9.1992 amounting to Rs. 3,57,764/- was sent by the Senior Superintendent of Police, Amritsar to opposite party No. 1-Insurance Company on 25.9.1992 and it was encashed by opposite party No. 1-Insurance Company on 29.9.1992 and the deceased ASI Avtar Chand died only on 1.10.1992 i.e. after the encashment of the draft sent by the Senior Superintendent of Police, Amritsar to opposite party No. 1-Insurance Company District Forum has, thus, wrongly and against the record observed that the policy was obtained on 25.9.1992 and Avtar Chand, ASI had also died on the same day. The District Forum has also wrongly observed in its order that the post mortem report has been withheld from the District Forum. Post-mortem report, in fact, is on the file of the District Forum. Letter dated 11.1.1995 written by Senior Superintendent of Police, Amritsar to the Insurance Company-opposite party No. 1 proves that the complainant was not at fault in approaching the Senior Superintendent of Police, Amritsar or the Insurance Company-opposite party No. 1 through him. It has also been held wrongly by the District Forum and perhaps against the record itself that the complainant had tried to get the claim cleared by fair and foul means as she had relied upon letter Ex. E-2 in which portion A to A-1 was added before producing in the District Forum. WE dont know from where the District Forum got the impression that the addition, alternation, if any, made was made by the complainant. The Record Keeper-cum-Clerk of the State Bank of India Shri Balwinder Singh, who was summoned as a witness before the District Forum has stated on oath that it was he who had incorporated the sentence from A to A-1 in certificates R-1 and R-2. Thus, the addition or interpolation made, if any, is by the Record Keeper of the State Bank of India and not by the complainant. District Forum has wrongly drawn this inference. Moroever, apart from the evidence of this witness Balwinder Singh, as stated above, there is sufficient evidence on the file that the payment of the Bank draft dated 25.9.1992 for Rs. 3,57,764/- sent by the Senior Superintendent of Police, Amritsar to the Insurance Company-opposite party No. 1 was drawn by the Insurance Company-opposite party No. 1 on 29.9.1992. In view of our discussion made above, it is sufficiently proved on the record that the Senior Superintendent of Police, Amritsar had obtained the Personal Accident Policy on 25.9.1992 in which Avtar Chand, ASI along with his other colleagues stood insured and a lumpsum premium of Rs. 3,57,764/- was paid on their behalf by the Senior Superintendent of Police, Amritsar to the Insurance Company-opposite party No. 1 and that amount was received by the Insurance Company-opposite party No. 1 before the death of Avtar Chand, ASI and, thus, the Insurance Company-opposite party No. 1 was not right in repudiating the claim of the complainant. Opposite Party No. 1 -Insurance Company has simply denied the claim of the complainant on the ground that ASI Avtar Chand was not insured with the Insurance Company-opposite party No. 1 on the basis of a letter written by Senior Superintendent of Police, Amritsar to Deputy Inspector General of Police, Border Range, Amritsar. Opposite Party No. 1-Insurance Company could produce before the District Forum the record pertaining to the insurance of the whole police strength of the Senior Superintendent of Police, Amritsar with opposite party No. 1-Insurance Company. Opposite party No. 1-Insurance Company did not choose to produce any record to show that the ASI Avtar Chand was not one of the persons insured by the Senior Superintendent of Police, Amritsar with opposite party No. 1-Insurance Company. In view of our discussion made above, we allow this appeal and set aside the order of the District Forum dated 27.12.1999. Appeal allowed. Appeal allowed.