Oriental Insurance Co. Ltd. vs GARAPATI TARAKA MOHAN

THIS is an application to condone the de lay of 34 days in filing the appeal. What is stated in the petitioner''s affidavit is that the copy of the impugned order was received by the petitioner on 7.4.2003. Since the Courts were closed for summer vacation the petitioner could not obtain legal opinion for filing the appeal in time. Hence there is a delay of 34 days in filing the appeal.

WE cannot accept this explanation. Merely because some Courts are closed for summer vacation there is no impediment for the petitioner to obtain legal opinion from an Advocate. It is not even stated that the Counsel from whom opinion is sought for is out of station. Closure of Courts for vacation has nothing to do with obtaining legal opinion from a Counsel. Hence this application is devoid of merits and is accordingly dismissed. Even otherwise there are no merits in this appeal.

The first opposite party in CD No. 72/2001 on the file of District Forum-II, Vijayawada, Krishna District is the appellant.

THE case of the complainant is that he is the son of Garapati Bhaskara Rao, hereinafter referred to as "the deceased", who was a member and borrower of second opposite party Co-operative Society. THE appellant who is the first opposite party before the District Forum entered into an agreement with A.P. Co-operative Banks Association on behalf of various Primary Agricultural Co-operative Societies and their borrowers and proposed a group personal accident insurance scheme for the borrowers under the Primary Agricultural Co-operative Societies against accidental deaths at a sum of Rs. 1 lakh in each such case and agreed to cover the said risk of accidental deaths. As per the terms and conditions of the said scheme a premium amount of Rs. 21/- per member is fixed for the sum assured of Rs. 1 lakh. THE deceased was a member and borrower under second opposite party namely Pallorlamudi Chittaranjan Primary Agricultural Co-operative Society. On behalf of the said society and other similar societies the A.P. Co-operative Banks Association entered into an agreement with the first opposite party, according to which in case of accidental death of any borrower, the first opposite party Insurance Company has agreed to pay a sum of Rs. 1 lakh. While so, the deceased died on 14.4.2001. As the appellant and other opposite parties did not pay the insurance amount the complainant who is the son of the deceased filed the complaint. As the District Forum allowed the complaint, this appeal is preferred by the first opposite party. Ex. A-1 is the copy of the list of borrowers where the name of the deceased finds place at Sl. No. 260. He borrowed a sum of Rs. 36,000/- from the second opposite party Co-operative Society on 11.10.1989 and 13.11.1989. As on 31.3.2000 the outstanding loan payable by him was Rs. 15,488/-. As such the District Forum rightly found that the deceased was a member and borrower at the time of his death.

IT is admitted that the death took place on 24.4.2000 while the agreement Ex. B-1 was in force. He died due to house collapse. The main ground on which the appellant repudiated the claim is that no police complaint was given about the death and no FIR and PM certificate was filed. The complainant contends that as the death was accidental, therefore, there is no necessity to give any police complaint against anybody. It is true that Bhaskara Rao who was an agriculturist went to his field on 24.4.2000. There was heavy rain accompanied by gale winds. There was thatched shed in the fields and he ran into the said shed to take shelter from rain. But unfortunately due to wind and rain, the said shed collapsed and palmyrabeam and cement pillars came down and the deceased was crushed under them. Leading newspapers i.e. Eenadu Telugu daily and Vartha dated 25.4.2000 reported the cause of death. That apart Ex. A-13 certificate was issued by M.R.O. to the same effect. Local MLA also issued a certificate under Ex. A-6. Ex. A-5 is the report of inquest conducted on the dead body of the deceased on 25.4.2000. All these material unhesitatingly point out that the deceased died of accidental death. No other material is placed by the appellant to controvert the said allegation. Therefore, the District Forum rightly in our view allowed the complaint. We do not find any reason to take a different view. The appeal, therefore, fails and is accordingly dismissed. Time for payment six weeks. Appeal dismissed.