ORDER
19.05.2017
Smt. Renu Sinha, Member (F).
The present appeal is directed against the order dt.20-10-13 passed by the District Forum-Araria, in complaint case no.17/13, wherein the op 1&2 the LIC were directed to pay Rs.50,000/ as assured sum and further to pay Rs.50,000/ on account of death due to heart attack which comes to total sum of Rs.1,00,000/ to the complainant within two months from the date of this order.
2. The complaint case filed by the complainant Basuki Pd. Bhagat in the District Forum alleging deficiency in service on part of the ops LIC for nonpayment of the assured sum with accidental death benefit under the policy obtained by his assured father Jitendra Pd. Bhagat during his life time on28-12-2000 his wife Malti Devi as nominee and after death of his assured father who died on 21-01-08 due to heart attack, mother of the complainant filed the claim as nominee with required documents before LIC except assurance the claim not settled and thereafter the nominee also died on07-05-10 and the complainant her eldest son as legal representative informed the LIC along with relevant paper with request for payment of the claim, the complainant was asked to furnish succession certificate of competent authority by LIC authority, being disappointed and harassed gave rise to file the complaint case, seeking relief for payment of assured sum with accidental death benefit and compensation from the ops LIC. The LIC contested the matter admitting the policy and the death of the assured due to heart attack and filing of Form 300 wherein the complainant, his brother and his sister shown as family members by the assured, but as per rules the succession certificate required for making payment of the claim after death of the nominee. The District Forum on consideration of the materials brought on record by the parties in this case, on the basis submission as mentioned in para 4 of their rejoinder dt.24-08-13 that in Bihar, the waive force is fixed and after filing the said waive form by the complainant, the ops can order for payment of the claim and having observed the request of the complainant referring certain pages of Form no.3806&3805&3807 of LIC Claim Manual Book having the provision is equivalent to succession certificate accepted by the LIC for applicable for payment small claim amount and the present policy in question not a big claim but only for Rs.50,000/ held that the ops LIC may adopt the alternative process for payment to complainant and refusal of claim by under the provision of the LIC Manual deficiency in service and accordingly passed the impugned order directing the LIC for payment of the claim for Rs.50,000/ as assured sum with accidental benefit by making further payment of Rs.50,000/ to the complainant .
3. Being aggrieved with the order of the District Forum, the appellant LIC have come in appeal stating that there was no deficiency in service on part of the appellant LIC as even after requirement of the succession certificate the complainant did not file the same and during pendency of the appeal have paid the basic sum assured sum of Rs.50,000/only with interest and bonus for worth Rs.1,12,610/only vide three chequs dt.30-12-14&7-1-15 and since the assured died a natural death due to sudden heart attack, no question of payment of amount under accidental death benefit and therefore appellants now challenging the only part of impugned order awarding for further sum of Rs.50,000/ towards accidental death benefit to the complainant is not proper and be modified.
4. Heard the counsel for the appellant. Nobody appeared for the respondent in spite of service of notice. Perused the materials available on record along with impugned order in detail
6. In view of 2nd supplementary petition filed by the appellant LIC before this commission on 06-04-17 with respect to payment of the basic sum assured with interest and bonus to the complainant stating that have prepared the chequs for admitted basic assured sum of Rs.50,000/ with bonus Rs.16950/+1900/= Rs.66,015/vide cheque no.023528 dt.30-12-14 and the interest @11% vide two chequs bearing no.023529 dt. 30-12-14 for Rs.41842/ and 023548 for Rs.4753/ dt.07-01-15, be handed over to the respondent on proper verification to the satisfaction of the commission and on submission of no objection from the other claimants as have not furnished succession certificate and in when no any evidence has been brought on record by the complainant to show the assured died due to accident, the complainant not entitled to get the same. The part of impugned order awarding payment of further Rs.50,000/ towards accidental death is set aside.
7. In view of above circumstance, it appears the impugned order has been complied. However, the LIC have prepared those cheques on account of basic sum assured with bonus and interest after filing the case, is liable to pay litigation cost of Rs.5000/ to the complainant and thus the appellants LIC is directed to pay within a months on receipt of this order..
8. In view of above facts and circumstances of the present case, the above mentioned chequs prepared by the LIC in favor of the complainant as mentioned above in para 6 of this order, be handed over to the complainant/respondent on proper verification and satisfaction by the office in presence of the counsel for the appellant LIC and in case those cheqes are found lapsed in condition, the appellants LIC is directed to take steps to revalidate the same without delay. .
9. In result, the order of the District Forum stands upheld and modified to above extent. The appeal stands partly allowed. Copy of this order be sent to respondent/complainant by the office.
S.K. Sinha Renu Sinha
President Member(F)
Mukund
