Shri Rakesh Bahadur, learned counsel for the petitioner, submits that Shri Ghanshyam Das Agarwal, husband of the petitioner was a trader dealing with Confectionery and General Merchandise Goods in the name and style of M/s. M.K. Traders. He was registered with the Trade Tax Department and, therefore, was fully covered by the Group Insurance Scheme. The husband of the petitioner died in a road accident on 07.05.2009 at Allahabad. The death had occurred during continuation of the Insurance Scheme. The insurance agreement was signed between the respondent no. 2 on one hand and respondents no. 3 to 5, Trade Tax Department, on the other. According to the tender/agreement a sum of Rs. 4 lakhs was to be paid to the surviving spouse by the Insurance Company in case of death of the registered trader thus, the petitioner being widow of deceased registered trader namely Ghanshyam Das Dubey, had rightly filed the complaint/claim for the insurance amount. It has been argued by the learned counsel for the petitioner that the claim was maintainable before the Consumer Forum at Allahabad in view of relevant provisions of the Act, 1986 and also because the petitioner is the beneficiary and was not a party to the agreement which was entered into between the Trade Tax Department and the Insurance Company, hence she was not bound by the terms and conditions of the tender/agreement. Clause 17 of the Agreement was binding upon the respondents and not upon the beneficiary who is the petitioner in the present petition.
