BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri.K.V.H. Prasad, B.A., LL.B President
And
Smt. C.Preethi, M.A.LL.B., Lady Member
Tuesday the 25th day of November, 2008
C.C.No. 108/08
Between:
Kuruva Giddamma, W/o. Kuruva Chinna Giddaiah,
R/o. Machapuram Village, Devanakonda Mandal, Kurnool District. … Complainant
Versus
- Secretary, Primary Agricultural Co-Operative Society,(Vemmugodu) H.Khairawadi P.A.C.S,
Gonegandla Mandal, Kurnool District.
- General Manager, K.D.C.C. Bank Limited,
Near Collector Complex,Kurnool.
- The Divisional Manager,M/s. The New India Assurance Company Limited, Divisional Office,
HDCT Complex, R.S.Road, Kurnool. …Opposite parties
This complaint is coming on this day for orders in the presence of Sri.P.Bade Saheb , Advocate, for the complainant, and Sri.G.Sudhakar Reddy , Advocate, for the opposite party No.1 and 2 and opposite party No.3 is called absent set exparte and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Smt. C.Preethi, Lady Member)
C.C.No.108/08
1. This consumer complaint of the complainant is filed U/S 12 of C.P.Act, 1986 seeking a direction on opposite parties to pay a sum of Rs.1,00,000/- , Rs.25,000/- towards mental agony , cost of the complaint and any other relief or reliefs which the complainant is entitled in the circumstances of the case.
2. The brief facts of the complainant’s case is that the complainant’s husband late Kuruva Chinna Giddaiah was a member of opposite party No.1 and G.No.1659 and Kissan Credit Card no.83 was alloted to the deceased. The opposite party No.3 sponsored a scheme to the members of opposite party No.1 in the name “Janatha Accident Policy Scheme” and Rs. 21/- was paid toward the insurance premium and the complainant is the wife and legal heir of deceased Giddaiah. On 19.08.2007 the policy holder died in a fire accident and an FIR was issued under Cr. No.47/07 of Devanakonda Police Station. On the claim preferred by the complainant, it was repudiated by opposite party No. 3 on the ground that the policy holder has committed suicide and not an accidental death . But the complainant submits that her husband died in a fire accident and alleges deficiency of service on part of opposite parties in repudiating her valid claim.
3. The complainant in support of her case relied on the following documents Viz., (1)certified copy of FIR in Cr.No.47/07 of police station Devankonda, (2) certified copy of Inquest report, (3) receipt dated 23-03-2007 , (4) certified copy of post mortem , (5) repudiation letter dated 9-5-2008 , (6) Xerox copy of KCC PA policy schedule, besides to the sworn affidavit of the complainant in reiteration of her complaint averments and the above documents are marked as Ex. A1 to A6 for the appreciation in this case and replies to the interrogatories exchanged.
4. In pursuance to the notice of this opposite parties appeared through their standing counsel. The opposite parties No.1 and 2 filed their written version and opposite party No.3 were set ex-parte.
5. The written version of opposite parties No.1 and 2 denies the complaint as not maintainable either in law or on facts but admits the deceased Kuruva chinna Giddaiah was member of opposite party No.1 and his G.No. is 1659 and Kissan Credit Card No is 83 as per K.C.C. P.A policy schedule maintained by opposite party No.3. It further submits that the opposite party No.3 failed to investigate the accidental properly and repudiated the claim as Kuruva Chinna Giddaiah committed suicide. It also submits that opposite party No.1 and 2 paid premium to opposite party No.3 on behalf of the deceased under the scheme of Accidental Death Benefit Insurance Policy and it is only opposite party No.3 who is liable to pay compensation and there is no negligence or deficiency of service on part of opposite parties 1 and 2 and seeks for the dismissal of complaint with costs.
6. In support of their case opposite parties 1 and 2 relied on the following documents Viz., (1) attested copy of Kissan Credit Card Scheme Policy and (2) Attested copy of Kissan Credit Card PA Policy schedule, besides to the sworn affidavit of the opposite parties 1 and 2 in reiteration of their written version averments and the above documents are marked as Ex. B1 and B2 for its appreciation in this case and replies to the interrogatories exchanged.
7. Hence, the point for consideration is to what relief the complainant is entitled alleging deficiency of service on part of opposite parties ..
8. It is the case of the complainant that she is the wife of deceased Kuruva Chinna Giddaiah, who was a member of opposite party No.1 and was covered under the Kissan Credit Card Scheme issued by opposite party .No.3 vide Ex. B1 and as per special conditions risk converge for death due to accident is Rs.50,000/-. The Ex. B2/A6 is the attested Xerox Copy of Kissan Credit Card Policy schedule under which the deceased name was mentioned in the schedule.
9. The complainant is claiming as a legal heir and wife of deceased Chinna Giddiah the assured amount under the policy, as the deceased died on 19.08.07 during the risk period due to burn injuries. The Ex A1 is the attested copy of FIR in Cr.No.47/07 of police station Devanakonda, on the statement of the complainant, says as to the demise of Chinna Giddaiah on 19.08.07 for accidental burn injuries he received on 18.08.07.
10. The Ex A2 is the attested Xerox of inquest report held by police of Devanakonda Police Station at Government General Hospital, Kurnool on the dead body of Chinna Giddiah also envisages the death of Chinna Giddaiah due to accidental burn injuries only.
11. The Ex A4 is the attested copy of post mortem report held on the deceased Chinna Giddaiah also opines the cause of death was due to burn injuries. The above material in uni-tone says that the demise Chinna Giddaiah as accidental death due to burn injuries .
12. The Ex. A3 in receipt dated 23.03.07 issued by opposite party No.1 it envisages as to the payment of Rs.15/- towards Janatha Personal Accident Policy. The Ex. A5 is the repudiation letter dated 09.05.08 it repudiates the claim of the complainant on the grounds that as per investigation the insured committed suicide, but no such investigation report is brought on record to substantiate their plea nor any other material is on record to show that the insured committed suicide.
13. The supra stated material is envisaging in uni-tone the demise of Chinna Giddiah (insured) died to accidental burn injuries, the conduct of opposite party No.3 brushing said material with out any justifiable material with it, appears to be a lame excuse to justify their repudiation, on the pretext as per their investigation insured committed suicide, in that regard as to which no material is on record.
14. As the conduct of opposite party No.3 in repudiating the valid claim of the complainant without any justifiable material amounts to deficiency of service on part of opposite party No.3 and as the material adduced by the complainant’s side not only establishes the bonafidees of the claim but also, as not rebutted by opposite parties , is making out the entitleness of the complainant for the benefits of the policy in Ex. B1.
15. As the opposite parties by its lapsive conduct not only caused mental agony but also constrained the complainant to seek the forum for redressal of her bonafide consumer grievance, the opposite party is liable to compensate the suffered mental agony of the complainant and cost of this litigation.
16. The complainant in this case is seeking payment of an amount of Rs.1,00,000/- as insured amount, but a per Ex. B1 Kissan Creidt Card Scheme, the risk covered for the death due to accident is Rs. 50,000/- only. Therefore, the complainant is entitled to said amount only and the opposite party No.3 only is liable to pay the said amount to the complainant. As no case is made out against opposite parties 1 and 2, case against opposite party No1 and 2 is dismissed.
17. Consequently, in sum up of the above discussion and in result, the complaint is dismissed against opposite parties 1 and 2 and complaint is allowed against opposite party No.3 directing the opposite party No.3 to pay to the compliant the insured amount of Rs. 50,000/- Rs. 3,000/- as compensation for mental agony suffered at the deficient conduct of the opposite party No.3 and Rs. 2,000/- as cost of this case, within one month from the date of receipt of this order. In default the supra stated award shall be payable by the opposite party No.3 with 9% p.a from the date of default till realization.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 25th day of November, 2008.
Sd/- Sd/-
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant :Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex.A1. Certified copy of FIR in Cr.No.47/07 of police station
Devanakonda.
Ex.A2. Certified copy of inquest report.
Ex.A3. Receipt dated 23-03-2007.
Ex.A4. Certified copy of post mortem .
Ex.A5. Repudiation letter dated 09-05-2008.
Ex.A6. Xerox copy of KCC PA policy schedule.
List of exhibits marked for the opposite parties:
Ex.B1. Attested copy of Kisan Credit Card schedule policy.
Ex.B2. Attested Xerox copy of KCC PA policy schedule.
Sd/- Sd/-
MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
Copy was made ready on :
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