Autopsy, certificate of disability prove claim: commission to insurance company

A district consumer commission has ordered Tata AIG General Insurance Company Limited to pay ₹1 lakh each to two deceased farming families and ₹50,000 to a disabled farmer.

In addition, families are awarded ₹20,000 for the anguish and legal costs in the event of death, while ₹10,000 is payable in the event of disability. All three orders are subject to interest of nine percent per annum from the date of rejection in one case and from the date of filing of the complaint in one case if the non-issue amount is not paid within 45 days of the order.

The families and farmer’s claims were rejected for various reasons ranging from unregistered farmers, documents not provided, claims not submitted on time and details not provided, insurance company not accepting the accident claim.

The families and the farmer in the four cases had contacted the Consumers’ Commission after the family member or the farmer himself had died or been disabled by accident or drowning.

Complaints from farming families

The four orders recently uploaded were all passed by SS Mhatre, President, and MP Kasar, Member of District Consumer Disputes Redressal Commission, Central Mumbai. The orders were forwarded following complaints by Surekha Jhagde, Ladubai Ghagre and Bhimrao Jadhav against Tata AIG General Insurance Company Limited. The claims were filed on schemes for farmers.

The Commission found that autopsy reports of accidental deaths and drownings, as well as pictures of fractures and subsequent certificates of disability supported the applicants’ case.

Citing the case law, it said that the insurance company was obliged to assign an employee at the Tehsil office to examine the claim immediately and could not blame the farmer or the family for the late or untimely receipt of the documents.

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In the event that farmers were not registered, it said the government decision did not specify that a person had to be a farmer before the system came into force.

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Published on: Sunday February 19, 2023 8:46 PM IST