PUNE: A farmer’s widow was made to run from pillar to post to get an accident claim as the insurance company termed the death as ‘natural’ and rejected her claim.
Her husband was killed in a road accident. Now, Pune district consumer forum has ordered the company to pay Rs two lakh, with nine per cent interest from May 2017, claim amount and Rs 10,000 compensation.
Vaishali Pandurang Nikam, a resident of Chigatgaon in Vaijapur taluka of Aurangabad district, had filed the complaint through lawyer Vikas Shinde in May 2017 against National Insurance Company Limited, Shivajinagar, Pune.
The complainant’s husband Pandurang Keshavrao Nikam, an agriculturist died in an accidental death on 20/12/2015 as he succumbed to the injuries sustained in the road accident. He was riding a bike and met with an accident.
An FIR was registered with Vaijapur police station against him for rash and negligent driving, and the body was sent for post mortem wherein, the medical officer opined that the death of the deceased was due to head injury.
According to the forum’s judgement, the agriculturists in Maharashtra are covered under Gopinath Munde Agriculturist Accident Insurance Policy under the state government resolution and, therefore, the complainant being the widow of the deceased, submitted her claim with all necessary documents to the insurance company.
INSURANCE COMPANY VERSION
The company submitted to the forum that the deceased’s family members have failed to produce his driving licence. On 15/05/2017, the company issued a letter to the complainant stating their inability of accepting the claim due to non-holding of the valid and effective driving licence at the time of the accident.
FORUM’S JUDGEMENT
In their judgement dated August 2, consumer forum president Anil Khadse, members Kshitija Kulkarni and Sangita Deshmukh, observed, “The only crucial question that has been posed before us is that, in absence of any valid driving licence whether the complainant is entitled to raise the claim for compensation and whether the repudiation of claim is justified. Naturally, it was for the complainant to place on record such as driving licence. But, this is not expected in the present case as the complainant is a widow with a rural background belonging to an agriculturist family.”
GOVT SCHEME IS FOR FARMERS’ BENEFIT
The scheme of the State Government is for the benefit of dependents of agriculturists and to provide them with some solace as the earning member of the family has been lost. So, no strict adherence of law or procedure or proof is needed, the forum ordered.
