Rejecting a claim of Rs 2 lakh lodged by a widow following an accidental death of her husband way back in 2005,the Thane District Consumers Redressal Forum has held that the claim should have been filed with the insurance
The President of the Forum M G Rahatgaonkar and Member Jyoti Iyer in their orders stated that the applicant had failed to file the claim within the stipulated time of 2 years from the date of the event,did not file an application for condoning delay and could not prove that she had filed the claim with the insurance firm earlier.
The widow filed the claim with the Forum on May 10,2011,almost six years after the death of her husband,the forum noted and said that the applicant could not prove that she had filed the claim with the insurance firm earlier.
The claim was filed by one Durgavati Garbaran Das,and her four children namely Deepak,Aarti,Nisha and Anil residing in Navi Mumbai.
The applicant told the court that Garbarandas was travelling in a jeep on December 15,2005 on the Lucknow-Faizabad Highway when the jeep met with an accident resulting in the death of Garbarandas five days later.
The victim had taken an insurance policy of Rs 2 lakh from Oriental Insurance Company covering Garbarandas’s life which was valid upto April 15,2006.
The insurance company argued that the claimant had not made the insurance company but its Manager as party to the case and there was a Motor Accident Claims Tribunal that is meant to address such claims and the Consumer Forum was not an appropriate authority to decide these matters.