In The Court Of District Consumer Protection Forum, Banka.

Case No. 03 Of 2016

Dated: - 18.01.2018

Baby Devi

W/o Late Bipin Mandal

Vill. - Bhadua

PO - Parsauri, Khaira

PS – Rajaun

Dist. - Banka (Bihar): ……………………………………………………….. Complainant.

V/s

(1) Branch Manager, LIC of India, Banka.

(20 Divisional manager, LIC of Bhagalpur, Bhagalpur Division.

                                                                        : ………………………….. Opposite Parties.

Counsel for the Complainant: - Umesh Kumar Singh.

Counsel for the Opposite partiy: - Sri Nivas Sinha.

Present:-

            (1) Md. Naimullah

                        President

            (2) Dr. Binay Kumar Singh

                        Member

            (3) Dr. Neelam Kumari Neelu.

                        Member

Judgment

This complaint has been filed by the complainant for a decree of settlement of accidental death claim which has been rejected by the OP. The further case of complainant is that deceased Bipin Mandal S/o Jagannath Mandal has got a policy of LIC No. 252629220. Complainant is the w/o deceased Bipin Mandal. The said Bipin Mandal became victim of accidental death on 25.04.2014 for which FIR bearing Rajaun PS Case No. 75/14 U/s 302/34 of the IPC was registered. The complainant has filed a petition for settlement of death claim before OP on 09.10.2014. But since then the OP did not settle the accidental death claim hence this case before district forum.

            Notice was sent to the OP who appeared & contested the case through the written statement dated 10.05.2016 on the sole ground that the death of the deceased was not an accident. It is admitted that the death claim of the deceased has been paid but the compensation for accidental death is not paid because as per OP the death was not an accidental death rather planned murder.

            On the basis of the pleading of the parties the only point of determination before me is weather the death of Bipin Mandal was an accidental death and non settlement of accidental death the OP has committed deficiency of service on his part?

             The complainant in support of his case as examined herself as PW1& has also filed documentary evidence which are EXT. 1 application of complainant to Branch Manager Bhagalpur Division for the payment of accidental claim which has been received on 09.10.2014 in the office of PO no. 2. EXT. 2 is the Identity Card of the complainant issued by Election Commission of India. EXT. 3 is the Photo Copy of FIR of Rajaun PS Case No. 75/14 U/s 302/504/34 of IPC for the death of deceased Bipin Mandal. EXT. 4 is the charge sheet submitted by the police as GR 693/14 in Rajaun PS Case No. 75/14. EXT. 5 is the Postmortem Report of deceased Bipin Mandal.

            No any document has been filed by OP.

            We have heard the learned counsel of both the sides & have gone through the record. The admitted fact in this case is that the complainant is the w/o Bipin Mandal. Bipin Mandal was the policy holder bearing policy no. 522629220 of LIC of India, Banka. The Bipin Mandal was murdered for which Rajaun PS case no. 75/14 u/s 302 of IPC was registered & police has submitted charge sheet against Dovi Mandal, Arun Mandal & Brajesh Mandal in that case.

            Learned counsel submitted that the death of deceased was due to planned murder and was not an accidental death hence complainant is not entitled to get accidental death claim. On the other hand the learned counsel of complainant submitted that the death of deceased was an accidental death.

            To decide whether it was accidental or planned murder, the story stated in the FIR is as well as the facts mentioned in charge sheet, submitted by the police officer is essential to be perused. The charge sheet submitted by the police as well as per the story of FIR in which it is stated that the informant Anirudh Mandal, Brother of deceased, on 25.04.2014 at 7:00 PM. The Bullock of accused Dovi Mandal entered into the house of informant and was eating the wheat. The informant complained this to the accused at which accused said that if the house remains open the bullock will enter & eat. At this altercation took place & accused started abusing complainant, on protest, accused Dovi Mandal, Arum Mandal, Brajesh Mandal & Bantu Mandal started assaulting the informant with intension to commit murder. His maternal brother rushed to save him then said Brajesh Mandal assaulted deceased by Bipin Mandal means of pointed iron rod into the chest of deceased due to which he became injured & subsequently he succumbed to the injuries inflicted in his chest & he died.

            The fact that Bipin Mandal rushed to save his brother from assault by accused person & sustaining injury in his chest by one of the accused clearly goes to show that the death of deceased was neither pre planned nor suicidal but an accidental death.

            In the matter of LIC of India V/s Penti Aruna (iii) (2017) CPJ 302(NC). The National Commission in the similar matter has observed that the death was accidental and not a pre planned murder. Applying the ratio laid down by Hon’ble National Commission in the matter of LIC of India v/s Penti Aruna (Supra) we are of the considered opinion that the death of deceased Bipin Mandal was an accidental death & not pre planned or suicidal death hence LIC opposite party was under obligation to settle the accidental claim also as claimed by complainant Baby Devi W/o deceased when she filed a petition on 09.10.2014.  Non settlement of accidental claim by OP is deficiency of service on the part of the OP for which the OP are liable to pay compensation.

            On the basis of aforesaid fact & discussion we have come to the conclusion that the case of complainant is fit to be allowed.

            It is therefore,

Ordered

            That the complaint be & the same is allowed, OP is directed to settle the accidental claim of deceased Bipin Mandal to the tune of Rs. 50,000/- as insured amount & 20,000/- as physical harassment & cost of litigation. The entire total amount Rs. 70,000/- is to be paid by OP to the complainant along with the 9% of interest from the date of filing of this case. The Op is further directed to pay the entire amount along with the interest within two months from the date of this order failing which the complainant will be entitled to recover the amount through process of forum.

            Member                    Member                    President      

Dr. Binay Kumar Singh     Dr. Neelam Kumari Neelu          Md. Naimullah