2015(2) ALL MR (JOURNAL) 64
CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA STATE, MUMBAI
R.C. CHAVAN AND DHANRAJ KHAMATKAR, JJ.
Smt. Kamal Bajirao Patil & Ors. Vs. Divisional Manager, The New India Assurance Company Ltd.
22nd July, 2014
Petitioner Counsel: JAYANT BARDESKAR
Respondent Counsel: DEVENDRANATH JOSHI
Consumer Protection Act (1986), S.2 - Insurance claim - Deceased travelling in insured vehicle as passenger - Claimants received compensation from Motor Accident Claim Tribunal, claiming further compensation from insurer of the vehicle - Held, once compensation is received for death claim, no question of claiming any more compensation from insurer. (Para 3)
Mr. R.C. CHAVAN, Hon'ble President :- This appeal filed by the Appellants/original Complainants is directed against an order dated 28/07/2010 passed by the District Consumer Disputes Redressal Forum, Kolhapur dismissing Consumer Complaint No.411 of 2009 in respect of a death claim filed by the Appellants/Complainants with the Respondent/original Opponent - The New India Assurance Company Ltd., on account of accidental death of Mr. Bajirao Balwant Patil on 23/09/2001 in the accident of a jeep bearing RTO Registration No.MH-09-C-881.
2. We have heard Adv. Jayant Bardeskar on behalf of the Appellants/Complainants and Adv. Devendranath Joshi on behalf of the Respondent/Insurance Company and with the help of both these learned advocates, we have also gone through the material placed on record.
3. Apart from all other things, both the learned counsels for the parties agree that the Appellants have received compensation from the Motor Accident Claim Tribunal on account of death of Mr. Bajirao Balwant Patil. Learned Counsel for the Appellants states that still the Appellants are entitled for further compensation from the insurance company of the vehicle in which the deceased was travelling as the premium for passengers had also been paid. Now, once compensation is received for one death claim, there can be no question of claiming any more compensation from the insurance company of the vehicle. This is apart from the reasons recorded by the District Forum for rejecting the complaint. Thus, we find appeal devoid of any substance. Hence, the appeal stands dismissed. Parties shall bear their own costs. Order accordingly.