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
Thursday the 23rd day of October, 2008
C.C.No. 85/08
Between:
M. Lakshmi Devi, W/o. Late M. Sreenivasa Rao,
H.No.50-348-M-7,Arora Nagar, B.Camp Post, Kurnool - 518002.
… Complainant
Versus
1. Brach Manager, Andhra Bank,
Vignamandiram branch, B.Camp, Kurnool - 518002.
2. Divisional Manager, United India Insurance Company Limited,
2nd Floor, Ponett Bhavan, P.B.No.144, Tilak Road, Hyderabad - 500001.
… Opposite parties
This complaint is coming on this day for orders in the presence of Sri. P. Siva Sudharshan , Advocate, for the complainant, and Sri. G.S.Vijaya Bhaskar, Advocate for opposite party No.1 and opposite party No.2 is called absent set exparte and upon perusing the material papers on record, the Forum made the following
ORDER
(As per Sri. K.V.H.Prasad, President)
C.C.No.85/08
1. This case of complainant is filed U/S 11 and 12 of C.P.Act seeking direction on the opposite parties with joint and several liability to pay to the complainant Rs.1 lakh under Abhaya Gold Policy Saving Bank account with interest at 24% p.a from the date of demise of account holder till realization , Rs.10,000/- as compensation for mental agony and Rs.5,000/- as cost of this case alleging that the deceased M. Sreenivasa Rao – husband of the complainant opened a savings account No.3325 with opposite party No.1 under Abhaya Gold Savings Scheme covering the life risk of life under insurance of opposite party No.2 for an amount of Rs. 1 lakh for the persons of age group of 5 to 70 years paying insurance premium of Rs.50/- and the demise of said account holder on 4-9-2005 due to accidental fall in K.C.canal and the police registering case in Cr.No.34/2005 under Sec.174 Cr.P.C and the submission of the claim along with relevant documents to the opposite party for settlement but the opposite party not settling the claim and the said conduct as amounting to deficiency of service lead to this case.
2. In pursuance of the receipt of the notice of this forum as to this case of the complainant while the opposite party No.2 abstained the attendance of the case proceedings and there by remained ex-parte, the opposite party No.1 caused its appearance through its counsel and contested the case denying any deficiency and liability to the complainants claim.
3. The written version of the opposite party No.1 besides the questioning the justness and maintainability of the complainants case and requiring strict proof of the complaint averments , allege it has done its duty of facilitating the claim form to the complainant from opposite party No.2 and the resubmission of duly completed claim form of complainant to opposite party No.2 for settlement of claim and as per terms and conditions of said account the discretion of settlement of claim being purely vested with opposite party No.2 ( Insurance Company) and so the opposite party No.1 is no way concerned for settlement of claim and thereby any deficiency of service being on the part of the opposite party No.1 creating any of its liability to the complainants claim , seeks dismissal of the complaint.
4. In substantiation of the contentions while the complainant side has taken reliance on documentary record in Ex.X1 to X5 and sworn affidavit of the complainant, the opposite party side has taken reliance on documentary record in Ex.B1 to B3 and sworn affidavit of the opposite party No. 1 .
5. Hence the point for consideration is whether the complainant has made out the deficiency of the opposite parties making them liable for the complainants claim.
6. While the Ex.B1 is the carbon copy of the letter dated 14-12-2005 addressed by opposite party No.1 to opposite party No.2 requiring the latter to furnish the claim form to submit after due compliance for consideration , the Ex.B2 – letter dated 2-8-2006 addressed to opposite party No.1 to opposite party No.2 envisages the submission to the latter the required information, certificates, statements with a request for consideration of claim at the earliest. These two documents envisage the bonafidees of opposite party No.1 and their discharge of duty of processing the claim and its submission to the opposite party No.2 for consideration and hence there appears any deficiency on the part of the opposite party No.1 towards the complainant creating any liability of the opposite party No.1 for complainants claim.
7. The Ex.B3 – is the model pass book issuable to account holder under Abhaya Gold Insurance Policy Scheme . It consisting the terms and conditions governing it envisages as to the maintenance of minimum balance of Rs.1,000/- in the account , affording the insurance cover to the persons of age group of 5 to 70 years with accident insurance of death or total disability to a sum of Rs. 1 lakh and loss of eye / foot / hand to a tune of Rs.50,000/- and requiring along with claims for consideration in case of claim arising out of death – the death certificate , post mortem report, final investigation report of police , name of the nominee , any other relevant documents and bankers certificate of premium remittance and there on the obligation of insurance company to settle the claim strictly as per terms and conditions of policy and as settlement of claim as rests with the insurance company no liability or responsibility of Andhra Bank ( opposite party No.1) of what so ever in settlement of claim by the insurance company . In the light of the above there appears any responsibility of the opposite party No.1 in settlement of the complainants claim which is at the end of the opposite party No.2 and so there remains any liability of the opposite party No1 towards the claim of the complainant .
8. The Ex.X1 is the FIR in Cr.No.34/2005 issued by State Police , Pamulapdu on the report of the complainant as to demise of her husband on account of accidental slip into K.C.Canal and his drowning being not knowing swimming . The Ex.X2 the inquest held by police on the dead body of deceased Sreenivasa Rao ( account holder) also opines the demise of said Sreenivasa Rao was on account of accidental slip into K.C.Canal and his drowning being not in know of swimming and no suspicion on any body . The Ex.X3 post mortem report held on the body of the deceased Sreenivasa Rao supported by final opinion in Ex.X4 also says the cause of demise of said deceased was due to Asphyxia and Laryngeal Spam due to drowning and the police investigation also as finds no foul play in the demise of said Sreenivasa Rao submits its final report accordingly and the same was accepted by Mandal Executive Magistrate, Pamulapadu permitting the dropping of further action vide its Ex.X5 proceedings dated 2-2-2006 . The above material undoubtedly indicates the demise of said Sreenivasa Rao was an account of accidental drowning and no foul play therein and thereby entitles the beneficiary of said account holder for the benefits of insurance permissible under said Abhaya Gold Saving Scheme as the deceased Srenivasa Rao was holder of such account and died during subsistence of said scheme.
9. The silent conduct of the opposite party No.2 at the said material and its not even responding to the notice of this forum as to the case of the complainant’s claim exhibits the non settlement attitude of the opposite party towards justifiable claim of the complainant . The delay with any reasonable excuse in settlement of claim on the part of the opposite party No.2 also amounts to deficiency of service especially when it is not coming out with any justifiable and excusable reasons for non settlement of the claim of the complainant arising on account of the accidental demise of her husband who was covered with insurance under Abhaya Gold Scheme Account No.3325 maintained with opposite party No.1 and covered under insurance of opposite party No.2 .
10. Consequently, there being bonafidees in the case the complainant at the liability of the opposite party No.2 covering the insurance to the Abhya Gold Account No.3325 of deceased Sreenivasa Rao to whom the complainant is beneficiary and the non settlement by opposite party No.2 as amounting to deficiency of service on its part towards the complainant the case of the complainant is dismissed against the opposite party No.1 for want of any deficiencies on its part towards the complainant and is allowed against the opposite party No.2 directing the opposite party No.2 to pay to the complainant Rs.1 lakh towards the demise of Sreenivasa Rao holding Abhaya Gold account No.3325 due to accidental drowning in K.C.Canal during the subsistence of said scheme covering said account , Rs.10,000/- as compensation for mental agony at the silent conduct of the opposite party No.2 at the settlement of the claim and Rs.5,000/- as cost of the case as complainant was driven by the non responsive conduct of the opposite party No.2 to the forum for redressal of her grievances . Time granted for compliance to opposite party No.2 is one month from the receipt of this order. In default the opposite party No.2 shall be liable to pay the supra stated award with 12 % interest 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 23rd day of October, 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.X1. FIR in Cr.No.34/2005 of Pamulapadu, PS along with report.
Ex.X2. Inquest report in Cr.No.34/2005.
Ex.X3. Attested copy of post mortem certificate of Madam
Srinivasa Rao
Ex.X4. Final Opinion.
Ex.X5. Proceeding of MRO dated 02-02-2006 dropping further action in Cr.No.34/2005.
List of exhibits marked for the opposite parties:
Ex.B1. Office copy of letter dated 14-12-2005 of OP.No.1 to OP.No.2.
Ex.B2. Office copy of letter dated 22-8-2006.
Ex.B3. Model passbook of Abhaya Gold with term and condition therein.
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 :
Copy was dispatched on :
