3

the complainant is not maintainable before the Hon’ble Forum. The complainants

obtained house hold card from the respective department by misrepresenting for the

purpose of ration card and submitted the same before R2. The R2 further denied

that the complainants also obtained certificate from Tahsildar of Chakrayapet by

misrepresenting the purpose of their claim only. The village Secretary is not

authorized to issue any certificate declaring the age of any person. The birth and

death record of the deceased is with the tahsildar and he has not issued any birth

certificate of the deceased, but simply issued a certificate as such the complainants

obtained the same from the tahsildar by fraudulently misrepresenting the purpose of

claiming compensation.

5. Further the R2 stated that the deceased was aged 73 years as per voters

I.D. Card and according to the terms and conditions of the policy, the persons who

attained below 70 years of are eligible for policy amount. But in the present case the

deceased was aged 73 years at the time of his death. The death of deceased was not

an accidental, but the deceased committed suicide. There is no any deficiency of

service on the part of R2 and they have rightly repudiated the claim of the

complainants.

6. On behalf of the complainant Ex. A1 to A11 were marked and on behalf

of the respondents Ex. B1 to B2 were marked.

7. On the basis of the above pleadings the following points are settled for

determination.

i. Whether the complainants are entitled to receive policy amount

from the respondents?

ii. Whether there is any negligence and deficiency of service on the

part of the respondents?

iii. To what relief?

4

8. Point No. 1 & 2 Heard both sides and perused the record available with

the forum and the forum made the following order. There are two complainants in

the present complaint. 1

the deceased policy holder. The policy holder Madireddi Eswara Reddy was an

agriculturist with landed property and obtained Janatha Personal Accident policy

from R2 through R1 and the amount assured was Rs. 50,000/-. While so on

20-11-2006 the policy holder Madireddi Eswara Reddy met with an accidental death

due to electrification and the police registered the same in Cr. No. 93/2006 and

conducted inquest and post mortem over the dead body of the deceased. Both the

complainants being legal heirs they approached the R2 and submitted claim form

with necessary documents through R1. The R2 has repudiated the claim of the

complainants stating that the deceased policy holder was aged 73 years as on the

date of accident and the policy covers to the persons who are under the age of 70

years only and another ground that the death is not accidental, but suicidal. The

deceased touched live electrical wire intentionally. Again on 19-7-2007 they

submitted house hold card certificate and age certificate issued by tahsildar,

Chakrayapet and certificate of Sarpanch of Yerrabommanapalli village regarding the

fact of the death as accidental. But R2 did not took any action on the same. The

house hold card it shows that the deceased was 60 years but not 73 years as shown

in the voters I.D card. The police have registered the case of the deceased as

accidental death due to electrical shock and conducted inquest and post mortem over

the dead body. Ex. A1 is the Xerox copy of letter issued by R1 to R2 to release the

claim amount of Rs. 50,000/-. Ex. A2 is the Xerox copy of repudiation letter dt. 16-

4-2007. Ex. A3 is the Xerox coy of letter issued by R1 to R2 to settle the claim of the

complainants as they have submitted house hold card and certificate issued by

Tahsildar and certificate issued by village Sarpanch. Ex. A4 is the Xerox copy of

house hold card i.e. ration card. Ex. A5 is the Xerox copy of letter issued by Village

Sarpanch confirming the death of the deceased as accidental. Ex. A6 is the Xerox

5

copy of certificate issued by Tahsildar that the age of the deceased was 60 years as

per house hold card issued by the Revenue Department. Ex. A7 is the Xerox copy of

death certificate. Ex. A8 is the Xerox copy of FIR. Ex. A9 is the Xerox copy of inquest

report. Ex. A10 is the Xerox copy of post mortem certificate. Ex. A11 is the Xerox

copy of final report issued by Tahsildar, Chakrayapet,. All the exhibits submitted

by the complainant shows that the deceased policy holder Easwar Reddy died

accidentally and he is only 60 years of age. The complainant has not claimed against

R1 and the R1 is the formal party to the present proceedings. The R2 in their

counter denied that as per the voters I.D issued by Govt. of India, the deceased was

73 years old but not 60 years as stated by the complainants.

9. The R2 stated that the policy holder touched the live electrical wire

willfully but not accidentally. Ex. B1 is the Xerox copy of voters I.D. Card and Ex. B2

is the Xerox copy of group personal accident investigation report. The respondents

stated that, according to their investigation report the deceased touched the live wire

willfully. Ex. B2 is the surveyors report and the surveyor stated that on 20-11-2006

the insured and his wife Ramulamma both quarreled and insured wife abused her

husband, very brutally due to abuses of his wife the insured felt ashamed and went

to his agriculture land and laid down in water canal which leads towards fields and

wontedly touched the eclectic wire which leads into electric motor starter. But the

investigator has not mentioned the name of the villagers or neighbors whom he

enquired. The respondents have not acted properly in settling the claim of the

complainant. After obtaining the house hold card and certificates issued by the

Tahsildar and Sarpanch confirming the age of the deceased and submitted the same

to R2 they kept quite without giving any reply to the complainants. Ex. B2 which was

submitted by the respondents clearly says that the deceased went to his paddy fields

and when he touched the electric wire living on ground mistakenly touched it and he

got electric shock and died due to electric shock. The post mortem report has clearly

6

stated that the deceased died due to shock of electrification. When the police have

confirmed the death as accidental how the respondents repudiated the claim of the

complainant stating that it is not accidental but willful. All the exhibits are clear to

establish the case of the complainant that the deceased policy holder died

accidentally and he is 60 years only. But not 73 years as mentioned in the election

I.D. card. We can see so many errors in election I.D cards like wise at the time of

issuing the voters I.D. the age of the deceased may be wrongly mentioned. The

respondents are deficient in service by not settling the claim of the complainants.

We are of the opinion that the deceased policy holder died accidentally and he is 60

years. The complainants being the legal heirs are entitled to receive the policy

amount of Rs. 50,000/- from R2.

10. Point No. 3 In the result, the complaint is allowed. The R2 is directed to

pay Rs. 50,000/- (Rupees fifty thousand only) without interest and costs, within 45

days from the date of receipt of the order. The case against R1 is dismissed without

costs.

Dictated to the Stenographer, transcribed by him, corrected and pronounced

by us in the open forum, this the 4

MEMBER MEMBER PRESIDENT

APPENDIX OF EVIDENCE

Witnesses examined.

For Complainant : NIL For Respondent : NIL

Exhibits marked for Complainant : -

Ex. A1 X/c of letter from R1 to R2, dt. 31-1-2007.

Ex. A2 X/c of letter from R2 to R1, dt. 16-4-2007.

Ex. A3 X/c of letter from R1 to R2, dt. 19-7-2007.

Ex. A4 X/c of house hold card issued by Revenue Department.

Ex. A5 X/c of letter from Sarpanch, Yerrabommanapalli, dt. 9-7-2007.

Ex. A6 X/c of certificate issued by Tahsildar, Chakrayapet, Kadapa.

Ex. A7 X/c of death certificate issued by village Secretary.

Ex. A8 X/c of FIR in Cr. No. 93/2006 of Chakrayapet Police Station, Kadapa.

Ex. A9 X/c of inquest report of Chakrayapet Police Station, Kadapa.

Ex. A10 X/c of post mortem certificate.

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Ex. A11 X/c of final report from of Chakrayapet Police Station, Kadapa to the

Mandal Executive Magistrate, Chakrayapet, Kadapa

Exhibits marked for Respondents: -

Ex. B1 X/c of Voters I.D. card issued by Election Commissiono f India.

Ex. B2 X/c of Group personal Accident Investigation Report.

MEMBER MEMBER PRESIDENT

Copy to :-

1) Sri M. Ramanjaneya Reddy, Advocate,

2) Sri D. Rajasekhar Reddy, Advocate.

3) The Kadapa Dist. Co-operative Central Bank Ltd., Rep. by its

Manager, Railway Station Road, Kadapa town and District.

1) Copy was made ready on :

2) Copy was dispatched on :

3) Copy of delivered to parties :

B.V.P. - - -