Govt. of West Bengal
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION –NADIA
170, DON BOSCO ROAD, AUSTIN MEMORIAL BUILDING
KRISHNAGAR, NADIA, PIN 741101, Telefax (03472) 257788
PRESENT : Shri dAMAN PROSAD BISWAS, PRESIDENT
: SHRI NIROD BARAN ROY CHOWDHURY MEMBER
Case No. CC/108/2021
COMPLAINANT :1. Jaba Raha,
W/o. Lt. Ganesh Chandra Raha,
Of Vill- Chapra, P.O.Kaliganj,
P.S. Kaliganj, District – Nadia,
Pin- 741150.
V-E-R-S-U-S
OPPOSITE PARTIES / 1.Branch Manager, LIC of India,
Katwa Branch,
Telephone Maidan, P.O. Katwa,
Dist. Burdwan, Pin-713130.
2. Divisional Manager, LIC of India,
Burdwan Divisional Office,
P.O. Sripally, Dt-Burdwan, Pin-713130.
3.Branch Manager, LIC of India,
Krishnagar Branch-1.
D.L. Ray Road, P.O. Krishnagar,
P.S. Kotwali, Dist. Nadia,
Pin – 741101.
Ld. Advocate(s)
For Complainant: Makbul Rahaman
For OP/OPs : Raj Kumar Mondal
(2)
Date of filing of the case :27.12.2021
Date of Disposal of the case :25.08.2023
Final Order / Judgment dtd.25.08.2023
Complainants above named filed this complaint against the aforesaid opposite parties u/s 35 of the Consumer Protection Act, 2019 praying for direction to pay Rs.5,80,000/-, interest over the said amount at the rate of 12% , compensation amounting to Rs.2,00,000/- and cost of the case.
She alleged that her husband Ganesh Chandra Raha during his lifetime had purchased 4 policy of L.I.C of India vide policy number 445609799, 465101513, 445645667 & 445753810. Amount of the said policy was Rs.2,00,000/-, Rs.30,000/-, Rs.1,50,000/- and Rs.2,00,000/- with death benefit sum assured with accidental benefit.
After the death of said Ganesh Chandra Raha complainant submitted claim before the OP NO.1-3 but OP NO.1-3 paid the sum assured amount in respect of aforesaid 4 policy amounting to Rs.2,00,000/-, Rs.30,000/-, Rs.1,50,000/- and Rs.2,00,000/- but they did not give DAB part in favour of the complainant. Hence, this case.
OP No.3 filed by W/V. OP NO.1 & 2 adopted the same.
OP NO.3 in his W/V admitted the Late Ganesh Chandra Raha during his lifetime purchased the aforesaid 4 policy and they gave sum assured amount regarding death claim in favour of the complainant. Said Ganesh Chandra Raha was murdered by miscreants on 11.07.2018 and that was the main cause of action and was the result of deliberate or wilful act of the insured. Death of the insured was not accidental so complainant is not entitled to the DAB. He prays for dismissal of the case.
Trial
During trial complainant filed affidavit in chief. OP No. 1-3 filed interrogatories and complainant gave answer.
OP NO.1 filed affidavit in chief. Complainant filed questionnaire and OP NO.1 & 2 gave answer.
(3)
Documents
Complainant filed the following documents:-
- Original copy of LIC premium receipt Vide Policy No.445609799 dated 28.12.2014............(One sheet)
- Original copy of LIC premium receipt Vide Policy No.465101513 dated 28.06.2003............(One sheet)
- Original copy of LIC premium receipt Vide Policy No.445645667 dated 14.01.2015............(One sheet)
- Original copy of LIC premium receipt Vide Policy No.44753810 dated 05.10.2015............(One sheet)
- Original copy of Death Certificate issued by Kaliganj Gram Panchayat, Nadia DOD 11.07.2018...........(One sheet)
- Certified copy of FIR, FIR NO.184 dated 12.07.2018.........(One sheet)
- Xerox copy of application against Case No.184/18 dated 12.07.2018 ........(One sheet receiving copy)
- Original copy of Final Report under section 173 Cr. P.C. issued by A.C.J.M, Krishnagar dated 03.10.2018............(Six sheets)
- Certified to be True copy of Post Mortem Report issued by Kaliganj P.S. dated 01.08.2019 ........(One sheet)
10)Original copy of application for Accident Benefit of Death Claim issued by Manager (Claims) to Smt. Jaba Raha dated 17.08.2023.........(One sheet)
11) Xerox copy of Aadhar Card of Jaba Raha.......(One sheet)
Brief Notes of Argument
Complainant filed BNA. OP 1-3 filed BNA.
Decision with Reasons
We have carefully gone through the petition of complaint filed by the complainant, W/V filed by the OP NO.1-3, affidavit in chief filed by the complainant, affidavit in chief filed by the OP NO.1, BNA filed by the complainant and BNA filed by the OP NO.1-3. We have carefully considered these documents.
We find that complainant is her affidavit in chief corroborated the allegations which she stated in the petition of complaint. OP NO.1 also corroborated the contents of the W/V.
(4)
On perusal of affidavit in chief of the complainant , we find that he alleged that her husband purchased the aforesaid 4 policy amounting to Rs.2,00,000/-, Rs.30,000/-, Rs.1,50,000/- and Rs.2,00,000/- and OP NO.1-3 admitted the said fact in their W/V. Complainant further alleged that her husband during the lifetime of aforesaid 4 policy was murdered and thereafter she submitted the claim before the OP NO.1-3. OP NO.1-3 in their W/V admitted that they disbursed the sum assured of the aforesaid 4 policy amounting to Rs.2,00,000/-, Rs.30,000/-, Rs.1,50,000/- and Rs.2,00,000/-.
Complainant alleged in her affidavit in chief that OP NO.1-3 did not disburse the death benefit sum assured in respect of aforesaid 4 policy amounting to Rs.2,00,000/-, Rs.30,000/-, Rs.1,50,000/- and Rs.2,00,000/- in her favour. She further alleged that she is entitled to Rs.2,00,000/-+ Rs.30,000/-+Rs.1,50,000/-+ Rs.2,00,000/-= Rs.5,80,000/- from the OP NO.1-3 because her husband that is insured Ganesh Chandra Raha died due to murder.
OP No.1-3 in their W/V and the affidavit in chief stated that complainant is not entitled to aforesaid DAB amount because said Ganesh Chandra Raha was murdered and said murdered cannot be treated as accidental death.
On perusal of record, we find that said Ganesh Chandra Raha was murdered on 11.07.2018 and relating to said incident father of the Ganesh Chandra Raha namely Dibakar Raha lodged the FIR before the OC, Kaliganj P.S. on 12.07.2018 and Kaliganj P.S. started case number 184/2018 dated 12.07.2018 u/s 302 IPC. Said FIR was started against one person namely Sanjoy Dey Kaliganj P.S. submitted charge sheet relating to the said incident. Perused the letter dated 17.08.2020 issued by OP NO.1-3. It has been stated therein that as per Corporation Rules and Regulations no accident benefit will be payable in case of DLA is murdered plan fully. As per OP NO.1-3 it is a case of planfull murder. As the insured was murdered plan fully and complainant being his legal heirs is not entitled to total accident benefit which is equally of sum assured in respect of aforesaid 4 policy that is complainant is not entitled to Rs.5,80,000/- as Death Accidental Benefit relating to death of insured Ganesh Chandra Raha.
In this context, we have carefully gone through the decision of Hon’ble N.C.D.R.C vide Revision petition no.2824 of 2007 (Maya Devi Vs. LIC of India dated 21.05.2018). In the said decision Hon’ble N.C.D.R.C discussed the decision of Prithvi Raj Bhandari Vs. LIC of India reported in III (2006) CPJ 213 and Rita Devi Vs. New India Assurance Company Limited 2000 ACJ 801.
We find that Hon’ble N.C.D.R.C held :-
(5)
“Despite the aforesaid two judgments, in the case of Prithvi Raj Bhandari (supra), the Commission observed that the important point which required was whether murder was an accident would depend upon proximity of cause of such murder and held on facts that the complainant has suppressed the fact that various complaints against the deceased were filed under various Sections of the IPC, and concluded that there was no doubt that this was a murder by design and intent rather than a case of accidental murder.
In our view, the said reasoning cannot be justified by any standard. LIC policy excludes death due to limited causes mentioned in Exclusion clauses under para 10(b) and, therefore, it is totally irrelevant to find out the background of the deceased. Further, even in case where there is a criminal background of the assured, it would be difficult to hold that his murder was not accidental unless he has taken up the quarrel and that the immediate cause of injury was deliberate and wilful act of the insured himself.
Hence, this Revision Petition is allowed. Impugned order passed by the State Commission is set aside. Order passed by the District Forum is restored. The insurance company shall pay the policy amount including Bonus with accidental benefit with interest at the rate of 12% per annum. The insurance company shall also pay Rs.5000/- as costs of litigation to the complainant.”
In view of the aforesaid decision of Hon’ble N.C.D.R.C, it is clear before us that it is not the case of murder where there is a criminal background of the insured Ganesh Chandra Raha.
On perusal of record , we find that said Ganesh Chandra Raha was murdered on 11.07.2018.
It is clear before us that in view of the aforesaid decision of Hon’ble N.C.D.R.C, complainant is entitled to accidental benefit relating to murder of Ganesh Chandra Raha.
On perusal of record, we find that complainant is a consumer and OP NO.1-3 are service provider.
Having regard to the aforesaid discussion, it is clear before us that complainant has able to established her grievance by sufficient documents beyond reasonable doubt and she is entitled to Double Accidental Benefit amounting to Rs.5,80,000/- in respect of aforesaid 4 insurance policy and OP NO.1-3 shall pay the same in favour of the complainant.
(6)
In the result, present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed on contest against the OP NO.1-3 with cost of Rs.5,000/- (Rupees five thousand) to be paid by OP No.1-3 in favour of the complainant.
OP NO.1-3 jointly or severally are directed to pay Rs.5,80,000/- (Rupees five lakh eight thousand) as Double Accidental Benefit in respect of aforesaid 4 policy in favour of the complainant within 45 days from this day failing which aforesaid amount shall carry interest at the rate of 12% per annum from this day to till the date of actual payment.
OP NO.1-3 jointly or severally are directed to pay compensation amounting to Rs.50,000/- (Rupees fifty thousand) in favour of the complainant within 45 days from this date failing which aforesaid amount shall carry interest at the rate of 9% per annum from this day to till the date of actual payment and complainant shall have liberty to put this order into execution.
Let a copy of this final order be supplied to both the parties as free of costs.
Dictated & corrected by me
............................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
........................................
MEMBER
(NIROD BARAN ROY CHOWDHURY)
