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Judgment
Counsel for the parties present. Arguments heard. There is a delay of 63 days in filing the present Revision Petition. We have perused the application for condonation of delay. The complainant, Smt. Harshalata Dnyaneshwar Wankhede, the wife of the insured (deceased) explained that her mother-in-law was critically sick and she could not file the Revision Petition. Consequently, we condone the delay.
Sh. Dnyaneshwar Wankhede, the insured (since deceased) was working under the Colliary Manager, AB Incline Western Coalfields Ltd.-OP-2. He took the policy from the New India Assurance Co. Ltd. under Janata Group Personal Accident Policy for a period of 10 years, for a sum of Rs.5,00,000/-.
The insured (deceased) went to his village and while crossing the river, he drowned in the water on 23.09.1999. His dead body was recovered on 03.10.1999. The matter was reported to the Western Coalfields Ltd. in November 1999 and the counsel for the OP-2 does not raise a dispute in the respect. However, his claim form was submitted to OP-2 on 29.03.2003. The Insurance Company repudiated the claim on the ground that it was barred by time and it was a case of suicide.
For the first time, the case was decided by the District Forum and State Commission. After amendment, the District Forum passed the following order:-
"1. The Complaint of the Complainant is partly allowed.
The Non-Applicant No. 1 is directed to pay the Insurance Amount of Rs.5,00,000/- to the Complainant and from the date of repudiation of claim, on this amount from 01 Jul. 2003 to the date of actual payment interest @ 9% on the above amount and according such an amount may be paid.
The Non Applicant No. 2 should pay to the Complainant interest @9% towards compensation on the above amount of Rs.5,00,000/- from Jan.2000 to 30.06.2003 (On account of submission of the documents by the Complainant in the month of Nov. 1999).
The Non Applicant No. 1 & 2 should pay an amount of Rs.10,000/- to the Complainant for causing mental agony and Rs.5,000/- towards litigation expenditure.
The Non Applicant No. 1 & 2 should comply this order within a period of 30 days from the date of the receipt of copy of the Order.
In default, the Non-Applicant will be responsible for payment of the penal interest @ 12% interest of 9% on the above amount".
The appeal was preferred before the State Commission by Colliery Manager A.B. Incline Western Coalfields Ltd. The State Commission partly allowed the complaint and passed the following order:-
"i. The appeal is partly allowed.
ii. Impugned order dtd. 11.05.2009 passed in consumer complaint No. CC/09/25 against O.P. No.2/ appellant, directing it to pay interest @ 9% p.a. over Rs.5.00 Lacs from 01.01.2000 to 30.06.2003 to the complainant and further directing the O.P. No. 2/appellant to pay her compensation of Rs.10,000/- and cost of Rs.5,000/- is set aside.
iii. The impugned order passed against the O.P. No. 1/respondent No.2 herein is confirmed".
Counsel for the respondent submits that the Fora below have decided the case against the OP-2 by imposing costs in the sum of Rs.1,000/- from the way back from 29.03.2003 and the OP-2 had forwarded all the documents before the Insurance Company on 09.06.2003 in compliance of the order of the State Commission. It is also pointed out that Rs.5,00,000/- has already been paid to the complainant with interest 2003 onwards and the OP-2 has already paid Rs.1,000/-.
We are not at all impressed by the arguments averred by OP-2. It is clear that OP-2 is terribly remiss in discharge e of its duty. It could not take care of its worker. Rs.1,000/- is just a peanut. There is no explanation, why the documents were not forwarded for 4 years. It reveals inaction, negligence and passivity on the part of the OP-2. It is difficult to fathom why the District Forum and the State Commission have shown undesired sympathy with OP-2.
Keeping in view all the facts and circumstances, we hereby direct that OP-2 will pay an amount, i.e., interest from the date of 01.01.2000 till 09.06.2003 on the amount of Rs.5,00,000/-. We also impose costs and litigation charges in the sum of Rs.50,000/-. Both the amounts be paid to the complainants through demand draft within a period of 45 days from the date of receipt of copy of this judgment, otherwise it will carry interest @ 15% on both the amounts i.e. interest as well as costs imposed by us.