Setting aside a compensation order passed by District Consumer Redressal Forum after terming it as "unsustainable", the Maharashtra Consumer Disputes Redressal Commission observed that death due to heart attack is not "accidental".
Commission President Justice R C Chavan and member Dhanraj Kamathkar were recently disposing off an appeal filed by one Pancard Clubs Limited, when they made this observation while allowing the appeal.
The Pan Card Clubs filed the appeal challenging the order passed by the TDCRF in a consumer complaint wherein Forum allowed the complaint of one Shalan Tanaji Kshirsagar, a widow from Bhiwandi against the appellant and directed it to pay a sum of 50,000 with interest along with compensation of Rs 10,000 and costs of Rs 5,000.
In its order the Commission observed that the facts which are necessary for deciding the appeal are unfortunate.
One Tanaji Shivaji Kshirsagar applied for membership of appellant Club on April 12, 2008.
The appellant Club had bundled with club membership a personal accident death insurance coverage under which in the event of death a sum of 50,000 was payable.
Clause 11 of the terms and conditions of the holiday package, which the complainant's husband had taken, clearly stipulated that the risk coverage shall start after 30 days from the insurance commencement, as mentioned in the holiday certificate subject to availability of birth certificate, etc.
The holiday certificate which was issued showed the date of commencement of the personal accident death insurance as May 18, 2008.
However, on April 24, 2008 itself, complainant's husband died of acute myocardial infarction while driving his auto.
As the respondent/insurance company and the appellant club shirked their responsibility to pay the amount due under the insurance scheme, a complaint was filed before District Forum which was contested by the insurance company as well as the appellant club, the Commission said.
