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Judgment
Learned counsel for the parties present. Arguments heard.
Shri Bharatkumar, husband of the complainant, Prafullaben took Janta Personal Accident Policy for Rs.5,00,000/- from National Insurance Company Ltd., opposite party, through Zenith Marketing. Unfortunately, Bharat Kumar passed away on 20.06.2001 during the subsistence of insurance policy. The claim made by Mrs. Praffulaben was repudiated on the ground that the Zenith Marketing had issued a bogus policy by cheating.
The argument advanced by National Insurance Company is that no agreement was executed between the deceased and the National Insurance Company. He did not pay any premium. This appears to be a case of fraud for which National Insurance Company Limited cannot be held liable. It is also argued that Zenith Marketing was not arrayed as a party in this case. According to the learned counsel for the petitioner, it is a necessary party without whom it would become difficult to adjudicate this case.
The complaint was dismissed by the District Forum but it was allowed by the State Commission.
Learned counsel for the petitioner placed reliance upon the judgment in case titled as ''United India Insurance Company Ltd. vs. Rajendra Singh and Others, 2000 (3) SCC 581 but on the other hand, learned counsel for the respondent has placed reliance upon the recent authority of this Commission reported in National Insurance Co. Ltd. vs. Zubedaben, Revision Petition No. 3852 of 2010 decided on 27.11.2014. The facts of the case cited by learned counsel for the petitioner are altogether different and have no application to the facts of this case.
I am unable to locate substance in the argument urged by learned counsel for the petitioner. The petitioner is liable for the said amount by virtue of vicarious liability. Zenith Marketing was acting on behalf of the National Insurance Company Ltd., whether it is working genuinely or fraudulently is the responsibility of the National Insurance Co. Ltd. This is a bad defence to set up that National Insurance Co. Ltd. is not responsible for the same. It is clear that gullible persons are led up the garden path by such like companies which are floated by the opposite party nonetheless itself. The main insurance company is liable when the consumers fall prey to the cheating committed by a third person connected with the opposite party. 8. The revision petition is lame of strength and it is dismissed accordingly. There shall be no order as to costs.