Thursday, September 27, 2012

Kin of road mishap victim awarded 16.63 lakh by MACT

New Delhi: The family of a photographer has been awarded a compensation of over Rs 16.63 lakh by a Motor Accident Claims Tribunal (MACT) for his death in a road mishap involving the collision of his motorcycle with a truck, parked in the middle of the road.
The MACT asked Reliance Insurance Company, with which the offending vehicle was insured, to pay Rs 16,63,476 to the kin of 30-year-old victim Sonu, who had died on October 16, 2011 night after his bike collided with the wrongly-parked truck.
“In view of the unrebutted testimony of the petitioners (victim's family members) and documents available on record, it is prima facie proved that deceased Sonu died in a road accident due to rash and negligent act of wrong parking of the offending vehicle without observing proper safety measures by respondent no 1 (driver of vehicle),” MACT presiding officer Dinesh Bhat said.
The order came on the victim's family members' plea for compensation.
A police officer who was on patrolling duty in the area where the accident occurred and an eyewitness to the incident, had deposed that the truck was parked facing the wrong way and he had asked the driver to park it correctly, but the driver did not do so.
While he was speaking to the driver, the police officer had said he heard the “noise of an accident” and on checking found the victim lying unconscious on the road.
He had called for a PCR van, in which the victim was rushed to the hospital and the driver of the offending vehicle was arrested on the spot, the police officer had said.
Truck driver Jagdish had denied committing any negligence and had stated that the offending vehicle had to be stopped due to a break down on the road and he had taken proper precaution in this regard.
The driver had also said, the deceased was driving in a rash and negligent manner and had hit against the stationery vehicle, therefore, he himself was responsible for the accident in question

Kotak Mahindra Life Insurance fined Rs 22L

New Delhi: Insurance regulator IRDA today slapped a fine of Rs 22 lakh on Kotak Mahindra Old Mutual Life Insurance for violation of various norms, including payment of death claims.

"I direct the insurer (Kotak Mahindra Life) to remit the penalty of Rs 22 lakh by debiting shareholder's account, within a period of 15 days," Insurance Regulatory and Development Authority (IRDA) Chairman J Hari Narayan said in an order.
Kotak Mahindra, the order said, violated the guidelines on group insurance policies by not paying the small value death claims directly to the beneficiary. The insurance company routed the claims through the NGO, instead of paying it directly to the beneficiaries as required under the law.
The insurance company, IRDA said, has violated the guidelines by not paying the death claims on grounds of non-submission of additional documents.
"... It is held that the claim repudiations on the basis of non-submission of requirements called for is violation (of regulation) ... and a penalty of Rs one lakh is imposed under the Insurance Act," IRDA said.
IRDA also advised Kotak Mahindra Life to revise its claim manual procedures in line with the regulations.
The insurance regulator has also hauled up Kotak Mahindra Life for inserting a clause to deny death claims within 3 months from the date of policy in its group insurance schemes.
"The insurer is directed to reopen all such claims which are repudiated because of inclusion of this lien clause and examine and decide on the same. The action taken be confirmed to the IRDA," the order said.
IRDA also found Kotak Mahindra violating the rules with regard to reimbursement of administrative expenses to master policyholders many of whom were acting as its corporate agents.

Bajaj Allianz to pay Rs 13.74L for arbitrary denial of claim

New Delhi: Bajaj Allianz General Insurance has been directed by a consumer forum here to pay Rs 13.74 lakh to the husband and son of a late policy holder for rejecting her claim for reimbursement of expenses incurred on her treatment in the USA.

The New Delhi District Consumer Disputes Redressal Forum while granting the relief to the woman's legal heirs after her death said the insurance company had arbitrarily denied their claim by taking the "excuse" of 'pre-existing diseases'.
"In our considered view, opposite party (Bajaj Allianz) has simply taken an excuse to deny the just claim, by arbitrarily repudiating it after issuing the policy and taking premium. This is a serious deficiency (of service) and harassment of legal heirs of deceased Lilawati (policy holder).
"We direct opposite party to release the sum of Rs 13.24 lakh equal to USD 26,717.32 (amount spent on treatment in USA) to legal heirs of deceased. We award harassment damage of Rs 50,000," the bench presided by C K Chaturvedi said.
The woman had undergone emergency treatment for abdominal pain in a hospital in the USA, while she was there in October 2008 with her son and had incurred expenses of USD 26,717.32.
As she had bought an overseas medical policy from Bajaj Allianz, she had submitted her claim for the expenses incurred, which the insurance company had rejected on the ground that her discharge summary mentioned pre-existing illnesses of diabetes and high blood pressure.
In its reply to the complaint made by the legal heirs of the policy holder (woman), the insurance company had pleaded that had the pre-existing diseases been disclosed it could have better assessed the risk.
The forum, however, rejected the insurance company's contention saying "the discharge summary shows she was treated in emergency for abdomen pain etc... The discharge summary itself states that it had no relation with pre-existing diabetes... The conditions of overseas medical claim are not in conflict with the findings in discharge summary."

Claim-hit Reliance Insurance pays Rs 4L

New Delhi: Reliance General Insurance Co Ltd has been ordered by a consumer forum here to pay over Rs 4.11 lakh to a policy holder for first denying him the cashless hospitalisation facility and then avoiding to reimburse his expenses on treatment.

The New Delhi District Consumer Disputes Redressal Forum asked Reliance General Insurance to pay the compensation, rejecting its contention that the medical history of the patient/policy holder had been manipulated by the hospital.
"We have gone through opposite party's (Reliance General Insurance) written statement, in which it has taken a plea that Escorts Hospital manipulated the history, which clearly indicates the malafide intention and harassing attitude of the opposite party to torture consumers arbitrarily.
"It has also been noticed that the insurance company has deliberately avoided making the payment to complainant (Anil Kumar Gupta) from day one when he had contacted its agent for cashless facility which is totally unlawful. Opposite party is directed to make the payment of Rs 3,61,945 as per bills. We also award Rs 50,000 to the complainant as harassment and litigation cost," the bench presided by C K Chaturvedi said.
In his complaint, Delhi resident Anil Kumar Gupta had said he had bought a cashless mediclaim policy for June 16, 2009 to June 15, 2010 from the firm through its agent.
He was admitted to Escorts Heart Institute on October 10, 2009 for chest pains, said Gupta adding that as he had the cashless mediclaim policy, he also contacted the insurance company's agent for approval of the cashless facility.
He added that despite providing all necessary documents, the insurance company denied the cashless facility and later when he filed a claim for reimbursement of his treatment expenses, it too was rejected on the ground of pre-existing disease without any evidence, Gupta had said.

Aviva Life Insurance to pay Rs 13L on claim

New Delhi: A Delhi district consumer forum has directed Aviva Life Insurance Company Pvt Ltd to pay Rs 13.5 lakh to a late policy holder's sister for rejecting her claim for the sum assured on her brother's death.

The insurance company had rejected the claim on the ground that the policy holder had given a wrong date of birth.
Holding the rejection of the claim as "arbitrary," the New Delhi District Consumer Disputes Redressal Forum said the wrong date of birth was mentioned in the proposal form due to a "lapse" by the insurance firm.
"It's lapse on their (Aviva's) part that the wrong date of birth was mentioned in the proposal form. It is a clear case of deficiency on the part of the opposite party (Aviva)
and hence repudiation of claim is totally arbitrary. The intention of the opposite party since beginning is malafide and is liable for statutory action under the Insurance Act.
"Opposite party is directed to pay Rs 12 lakh (insured amount)... We also award Rs 1,50,000 (as damages) for mental agony, harassment and litigation charges," the bench presided by C K Chaturvedi said.
Renu, resident of Noida in Uttar Pradesh, had said in her complaint that her brother Praveen Kumar, 54, had purchased a life insurance policy from Aviva in which she was made the nominee and on his death she was to receive Rs 12 lakh.
Her brother had died on January 31, 2006 and she had filed the claim for the assured amount but it was rejected by the insurance company on the ground that the date of birth was wrongly mentioned in proposal form, she had said.
She had said a senior Aviva executives had filled up the proposal form and all required documents were supplied to them, but they had wrongly mentioned the date of birth as November 18, 1954 instead of November 18, 1952.
The insurance company had taken the plea, in its reply to the complaint, that the claim was rejected as the policy holder had wrongly mentioned his date of birth in the proposal form.
The forum, however, rejected the contention saying the insurance company has "falsely implicated" the policy holder by disputing that he had wrongly mentioned his date of birth in the proposal form "whereas the facts of this case is that proposal form was filed up by the opposite party's senior executives"

Monday, September 17, 2012


A huge protest demonstration was held in front of LIC building at Chennai, Anna salai by ICEU, Chennai division-I today(17.9.2012) against the retrograde decisions of  UPA government at the center. The decision to hike Rs.5/- for diesel, the cap of 6 LPG cylinders per year for the family, the decision to allow FDI in retail business, allowing FDI in civil aviation, increase in FDI limit in broadcasting and selling of four strategic PSUs. The Protest demonstration was address by Sri.Vikramaraja, President, The Tamil Nadu traders association. He said the decision to allow FDI in retail business will ruin the life of twenty crores of people. The UPA government has taken the decision at the behest of Wal-mart. The commerce minister of the country is telling the people that opening of the retail business will create 40 lakhs jobs, by killing the lives of twenty crores of people he is going to create 40 lakhs of jobs. Don't he know this is bad economics. We are moved by the protest action of LIC employees' against this retrograde move of UPA government. Today we all have to unite to fight against  this government move. Tomorrow when AIIEA fights the privatization move by government in LIC we will whole heartdly support you. Once again I thank you all for this wonderful opportunity. The meeting was presided by Com.S.Ramesh Kumar General Secretary, ICEU, Chennai division-I.

Monday, September 10, 2012

Data reveals India's alarming job squeeze

Between April and June 2012, the prospects of finding a job across a range of the most employment-intensive sectors-like information technology (IT), financial services, telecom and hospitality-in the economy fell dramatically compared with the first three months of 2012. With recession abroad, and policy paralysis at home, the nightmare for young job seekers looks unlikely to end. The assocham survey indicates where jobs will be lost, both in industry and geographical terms. Overall, in the 32 sectors surveyed, there is a 20 per cent drop in hiring between April and June when compared with January to March.The most startling finding of FICCI's business confidence survey for the three-month period between April and June 2012 is on employment. For the first time since the quarterly survey was initiated in July-September 2010, of the 150 companies that were studied, a massive 84 per cent expected hiring to fall or remain static. ficci's survey expects growth over the next six months to be "jobless".The fall in GDP growth to an average of just 5.4 per cent in the first six months of 2012 has cost jobs. There is a massive difference in the number of new jobs created at 5 per cent and 7 per cent, which was roughly the growth rate in 2011-12. That number is three million. Says economist Bibek Debroy, "At 7 per cent growth, the economy would create 10.5 million new jobs in a year. At 5 per cent growth, it will be just 7.5 million."

      Chicago teachers to strike after talks fail

CHICAGO (AP) — Chicago teachers went on strike Monday for the first time in 25 years after their union and district officials failed to reach a contract agreement despite intense weekend negotiations that the union said were productive but still failed to adequately address issues such as job security and teacher evaluations.

The two sides were not far apart on compensation, but were on other issues, including health benefits — teachers want to keep what they have now — and a new teacher evaluation system based partly on students' standardized test scores, Chicago Teachers Union President Karen Lewis said.
"This is a difficult decision and one we hoped we could have avoided," she said. "We must do things differently in this city if we are to provide our students with the education they so rightfully deserve."
Mayor Rahm Emanuel condemned the union's decision, and said the negotiations could be resolved if the two sides kept talking, "given how close we are."
"This is not a strike I wanted," Emanuel said. "It was a strike of choice ... it's unnecessary, it's avoidable and it's wrong. "
More than 26,000 teachers and support staff were expected to hit the picket lines early Monday, while the school district and parents carried out plans for keeping nearly 400,000 students safe and occupied while classes remain empty in the coming days in the nation's third largest school district.
Both Emanuel and union officials have much at stake. The walkout comes at a time when unions and collective bargaining by public employees have come under criticism in many parts of the country, and all sides are closely monitoring who might emerge with the upper hand in the Chicago dispute.
The timing also may be inopportune for Emanuel, a former White House chief of staff whose city administration is wrestling with a spike in murders and shootings in some city neighborhoods and who just agreed to take a larger role in fundraising for President Barack Obama's re-election campaign.
As the strike deadline approached, parents spent Sunday worrying about how much their children's education might suffer and where their kids will go while they're at work.
School officials said they will open more than 140 schools between 8:30 a.m. and 12:30 p.m. so children can eat lunch and breakfast in a district where many students receive free meals. The district asked community organizations to provide additional programs for students, and a number of churches, libraries and other groups plan to offer day camps and other activities. But it's not clear how many families will send their children to the added programs.
"They're going to lose learning time," said Beatriz Fierro, whose daughter is in the fifth grade on the city's Southwest Side. "And if the whole afternoon they're going to be free, it's bad. Of course you're worried."
Eric Ferrer, a cook, said his children can stay home Monday with his wife, who works in a store. But if the strike goes more than one day, they would have a problem — one that he sees no way to solve.
"My wife is off tomorrow, (so) we can keep them at home," said Ferrer, as he sat in a McDonald's restaurant on the city's Southwest Side with his wife and their 8-year-old son and 3-year-old daughter. "She works the next day (and) so do I."
School board President David Vitale first announced Sunday night that talks had broken off, despite the school board offering what he called a fair and responsible contract that would cover four years and meet most of the union's demands. He said the talks with the union had been "extraordinarily difficult."
Emanuel said the district had offered the teachers a 16 percent pay raise over four years, doubling an earlier offer.
Lewis said she would not prioritize the issues, saying that they all were important to teachers.
That included concern over a new evaluation that she said would be based too heavily on students' standardized test scores, which she said would be unfair to teachers because it could not adequately account for outside factors that affect student performance, including poverty, violence and homelessness.
She said the evaluations could result in 6,000 teachers losing their jobs within two years.
City officials said they did not believe that was true, but said the union would not tell them how they came to that conclusion.
Emanuel said the evaluation would not count in the first year, as teachers and administrators worked out any kinks. Schools CEO Jean-Claude Brizard said the evaluation was mandated by state law but "was not developed to be a hammer," but to help teachers get better.
Emanuel said the union should have postponed the strike because an agreement is close. He also said his negotiating team would be available all night if the union was willing to talk, but Lewis said negotiations would resume Monday.
The strike is the latest flashpoint in a very public and often contentious battle between the mayor and the union.
When he took office last year, Emanuel inherited a school district facing a $700 million budget shortfall. Not long after, his administration rescinded 4 percent raises for teachers. He then asked the union to reopen its contract and accept 2 percent pay raises in exchange for lengthening the school day for students by 90 minutes. The union refused.
Emanuel, who promised a longer school day during his campaign, then attempted to go around the union by asking teachers at individual schools to waive the contract and add 90 minutes to the day. He halted the effort after being challenged by the union before the Illinois Educational Labor Relations Board.
The district and union agreed in July on how to implement the longer school day, striking a deal to hire back 477 teachers who had been laid off rather than pay regular teachers more to work longer hours. That raised hopes the contract dispute would be settled soon, but bargaining continued on the other issues.