KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM APPEAL 458/2010 JUDGMENT DATED: 3/9/2010 PRESENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.S.CHANDRAMOHAN NAIR : MEMBER 1. The Deputy Manager, : APPELLANTS National Insurance Co.Ltd., Thiruvananthapuram Divisional Office, P.B.No.434, St.Joseph’s Press Building, Vazhuthacad, Thiruvananthapuram. 2. The Manager, National Insurance Co.Ltd., Highway Plaza Building, M.G.Road, Kasargode. (By Adv.S.Rajeev) Vs. Asha S. Bhat, : RESPONDENT W/o Srikrishna.S., C/o Sathyashankara Bhatt, Jayasree Medicals,Neerchal.P.O., Kumbla, Kasargode. JUDGMENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT The appellants are the opposite parties/Insurance Company in CC 69/2010 in the file of CDRF, Kozhikode. The appellants are under orders to pay Rs.7,00,000/- to the complainant together with interest at 6% per annum from 7.6.08 and cost of Rs.3000/-. 2. The matter relates to the non payment of the covered amount under the Group Personal Accident Insurance Scheme. The husband of the complainant died on 20.3.08 in an accident. The claim was submitted on 7.4.08. The matter was taken before the Legal Service Authorities also but the amount was not paid so far. 3. The opposite parties have contended that the relevant communications with respect to payment of the renewal premium was not received from the government and hence the claim could not be settled. 4. The evidence adduced consisted of Exts. A1 to A4 and B1 to B3. 5. It is seen from Ext.B3 that DD for Rs.1,43,60,500/- taken on 31.12.07 in favour of the 1st opposite party has been given to the 1st opposite party and that the same included the premium recovered from the salary of the deceased for the month of 12/07. Of course communication is dated 13.11.07. Evidently renewal premium was received much before the date of death of the assured. It is the contention of the appellant that without getting the communication from the government the appellants would not be in a position to make the payment. It is to be noted that the arrangements for recovery from the salary of the employees covered under the scheme is between the government and the appellants. The proceedings herein has been initiated only in 2010 and till then the assured amount was not paid. The grievance of the appellant is that the appellant has been directed to pay interest at 6% per annum from 7.6.08. We find that there is no illegality in this regard as the appellants received the premium on 31/12/07. Hence there is no scope for admitting the appeal. Appeal is dismissed in limine. Office will forward the copy of this order to the Forum urgently. JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SRI.S.CHANDRAMOHAN NAIR : MEMBER ps |