United India Insurance Co. Ltd. vs MEHAR CHAND

THIS is an appeal against the judgment and order dated 21.12.1992 passed by the District Forum, Dehra Dun whereby the compensation of Rs. 15,000/- (Rupees fifteen thousand only) was allowed to the complainant.

THE brief facts of the case are that the complainant filed the complaint with the allegation that Smt. Ramkali was insured under Janta Personal Insurance Scheme. She fell down from the Chajja and died. THE nominee Sh. Mehar Chand lodged the claim petition. THEre the Insurance Company took the plea that she did not die out of accident but she died due to illness. THE learned Forum held that there is no evidence of illness and favoured the case of the complainant and allowed the claim. Against this order the present appeal has been filed. We have heard the learned Counsel for the parties and gone through the records. There is evidence against evidence. The learned Forum has believed the evidence of the complainant because it was supported with an affidavit and also the certificate of Graham Panchayat. The report of the agent of the L.I.C. was disbelieved by the Forum on the ground that there was no affidavit and he has recorded only the statement of Sh. Chand Ram. The order shows that there was no affidavit of Sh. Chand Ram.

It is not necessary that in every accident there should be an injury and merely because we do not find any injury, the case of the complainant could not have been disbelieved. It has been held in the ruling reported in (2003) 6 CLD 480 (SCDRC-GUJ.), Narendrakumar Hamirbhai Badhiya v. Life Insurance Corporation of India, that if accident is proved merely because there was no injury to the victim or damage to the motorcycle the accident cannot be disbelieved.

THE amount of claim as awarded by the learned Forum is justified. However, the interest as awarded is excessive. In these days more than 6% interest is not allowed by any Bank, therefore, the rate of interest should be reduced to 6% only. Notice was issued to the complainant Sh. Mehar Chand twice but he did not appear and prefer to contest, therefore, the appeal was heard ex parte on merits. From the perusal of records it appears that the complainant has received a sum of Rs. 7,550/- (Rupees seven thousand five hundred fifty only). If this amount has been paid that shall be adjusted from the remaining amount and interest shall also be proportionately reduced from the date of payment of that amount. ORDER The appeal is partly allowed. The award of claim of Rs. 15,000/- (Rupees fifteen thousand only) is confirmed. However, the rate of interest is reduced to 6% only and the order of the learned Forum stands modified to that extent. Appeal partly allowed.