Karnataka

StateCommission

A/161/2019

Authorised Person - Complainant(s)

Versus

B.Puttaswamy - Opp.Party(s)

B.S.P. & R.Govindharanjan

05 Dec 2023

ORDER

                                                                     Date of Filing : 30.01.2019

  Date of Disposal :05.12.2023

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

 

DATED:05.12.2023

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

Mr K B SANGANNANAVAR: JUDICIAL MEMBER

 

Mrs DIVYASHREE M:LADY MEMBER

 

 

APPEAL No.161/2019                                                             

 

The Authorised person

M/s Shriram Life Insurance Co. Ltd.,

No.3-6-478, 3^rd Floor

Anand Estate

Liberty Road

Himayathnagar

Hyderabad - 560 029                                                           Appellant

(By Mr Smt B S Padmaja &

Sri R Govinidarajan Advocates)

 

                 - Versus -

1. Sri B Puttaswamy

    S/o Late Beeregowda

    Aged 31 years

    R/o Goddanappura Village

    Chikkalahanachatra Hobli

    Nanjangud Taluk

    Mysuru District

    (By Mr M C Ramesh, Advocate)

 

2. M/s Shriram Fortune Solutions Ltd

    No.297,Harilakshmi Towers

    1^st Floor, Lakshmi Vilas Road

    Devaraj Mohalla

    Mysore – 570 024

    By its Manager                                                               Respondents 

                                               

   : ORDER :

 

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

1.       This Appeal is filed under Section 15 of Consumer Protection Act 1986 by the OP2, aggrieved by the Order dated 07.12.2018 passed in Consumer Complaint No.08/2018 on the file of District Consumer Disputes Redressal Forum, Mysore (hereinafter referred to as the District Forum).

2.       Heard the arguments of the Learned Counsels for Appellant and Respondent No.1.

3.       The Learned Counsel for the Appellant/OP2 filed a Memo dated 19.03.2020 seeking dispensation of summoning Respondent No.2/OP1 which was subsequently given up.

4.       This Commission examined the Impugned Order and grounds of Appeal, in its entirety.

5.       It is not in dispute that the Life Assured/Father of the Complainant, during his life time, on 17.06.2011 obtained a ‘Shri Raksha’ Insurance Policy from OP1, with the Sum Assured being Rs.2,63,000/- and paid Premium of Rs.36,713/-.  The Term of the Policy was for 15 years and covers Accident Benefit of Rs.3,00,000/- and Family Income Benefit of Rs.3,00,000/-. The Life Assured paid premium valid till 28.06.2016 and he died in a road accident on 12.06.2016.  It is also not in dispute that after receipt of the Claim, on 30.07.2016, the Insurer made a payment of Rs.5,68,081/- through NEFT and intimated the same to the Complainant also on 05.08.2016.  The dispute is only with regard to the non-payment of Accident Benefit of Rs.3,00,000/- and Family Income Benefit of Rs.3,00,000/-.  In this regard, OPs admitted the issuance of Insurance Policy to the Insured/deceased Father of the Complainant and taken a stand that, the Complainant had not submitted the documents called for by the OP and hence, he could not process the Accident Rider Benefit as claimed by him.  Further, the OPs contends that Driving License Extract obtained from the jurisdictional RTO, reflects that deceased life assured had no valid Driving Licence on the date of accident and that the Driving License issued by the RTO had expired on 30.06.2007 itself.  However, the Claims were not rejected by the OPs. 

6.       The District Forum in Para 15 of its impugned Order recorded its findings that, OP paid only the double assured amount with vested bonus, as per letter dated 05.08.2016 amounting to Rs.5,68,081/- through NEFT, the rider benefit such as accident benefit and family income benefit has not been paid, for want of certain documents.  The Complainant furnished the relevant documents at a later stage.  Inspite of the same, repudiation of the rider benefit by OP2 on the ground of not having a Driving License by the life assured at the time of accident is not justified.

7.       This Commission observes that the Appellant has accepted the proposal for issuance of insurance policy from the complainant for providing following risk coverage as per the terms of the policy covers Accident Benefit of Rs.3,00,000/- and Family Income Benefit of Rs.3,00,000/-.  When the unfortunate event of the death of the insured occurred, the family members of the deceased are entitled for all the benefits listed there under, in toto.  Further the Appellant/OP2 settled a sum assured of Rs.2,63,000/-, additional sum assured Rs.2,63,000/- and bonus amount of Rs.42,080/- totally to Rs.5,68,081/- to the account of the complainant through NEFT. In so far as extending the benefit for the rest of the two, benefits the appellant has brought out in Para 5 of the Appeal Memorandum to the effect that Appellant requested the Complainant to submit Final Police Investigation Report and the Driving License of the deceased life assured. Since Complainant submitted only copy of the documents called for, vide letter dated 30.03.2006, the Appellant again called upon the Respondent No.1 to submit the documents in original or duly attested by the concerned Authorities.  Subsequently, when the documents called for produced by the Complainant, again OPs have sought for original documents.  In as much as, the son of the deceased insured having complied with the demands by claiming the entitled benefits but, OPs repudiating part of the claims amounts to deficiency in service and unfair trade practice, therefore, OPs are honour bound to settle the claim in its entirety.  In the circumstances, impugned order does not require for any interference and Accordingly, Appeal stands dismissed.

 

8.       The Statutory Deposit in this Appeal is directed to be transferred to the District Commission for further needful.

                

9.       Send a copy of this Order to the District Commission, as well as to the parties concerned, immediately.

 

 

 

Lady Member                     Judicial Member                        President

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