Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 30.04.2016
Smt. Karishma Mandal
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to settle the claim as per the norms of Insurance Policy and also direct to pay compensation to the complainant.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that her husband has taken four policies bearing policy no. 510782441 dated 28.11.1993 vide annexure – 1, policy no. 512667580 dated 27.03.2004 vide annexure – 2, policy no. 512735719 dated 28.01.2006 vide annexure – 3 and policy no. 516574155 dated 28.03.2009. It is further case of the complainant that on 31.12.2010 her husband died in an accident near Auria P.S. District – Gyanpur U.P. at 8.03 P.M. while he was driving Motorcycle. After his death the complainant filed claim petition and she had received amount of 3 Insurance Policies which has been annexed as annexure – 1, 3 and 4 which has also been marked as annexure – K, G and Gh.
It is the case of the complainant that she has filed a claim petition for getting the amount of the policy bearing no. 512667580 the photocopy of the same have been annexed as annexure – 2 in English and annexure – Kh in Hindi.
It has also been asserted that in the claim petition she has annexed all the relevant documents such as Istafakia, death certificate, punchnama and postmortem report of her husband but despite that fact she could not get the Insured amount of policy no. 512667580 dated 27.03.2004 which is known as marriage endowment policy in which the total amount was Rs. 51,000/- and the period was 21 years. The photocopy of this policy has been annexed by the complainant as annexure – 2 ( annexure – Kh ) of the complaint petition.
The complainant has demanded Rs. 1,00,000/- by way of mental agony, Rs. 50,000/- for physical harassment and Rs. 25,000/- as litigation costs besides full insured amount of annexure – 2 i.e.annexure – Kh. The complainant has also demanded accidental benefit arising out of other insurance policies such as annexure – 1, 3 and 4 i.e. annexure – K, G and Gh.
On behalf of opposite parties a written statement has been filed in which it is stated that a reminder was issued through registered post to the petitioner (complainant ) by divisional office wherein it was stated that for claiming the insurance amount the complainant must filed certified copies of F.I.R., final report etc. in connection with death of her husband. The photocopy of aforesaid application filed under R.T.I. act as well as its reply has been filed before us, from perusal of which it appears that after death of her husband only Istafakia no. 36/22-25 was registered.
Thus it is crystal clear that after death of husband of the complainant in accident only Istafakia was registered and as police has not registered F.I.R. hence there was no investigation and no final report.
In our opinion it was duty of the police to record F.I.R. but if the police has not recorded F.I.R. then the poor lady being wife of the insured cannot be punished.
It goes without saying that certain benefit relating to insurance policy contained in annexure – 1, 3 and 4 i.e. K, G and Gh have been allowed to the complainant as will appear from complaint petition.
We are surprised that when some of the benefits arising out of the annexure – 1, 3 and 4 i.e. K, G and Gh have been allowed to the complainant then why incase of annexure – annexure – 2 (Kh) those benefits have been withheld on the ground and for the reason in which the complainant had no role to play.
It has been asserted by the complainant that she has filed claim petition annexing the copy of Istafakia, postmortem report as well as death certificate and punchnama with her claim petition.
In our opinion by not allowing benefit of the insurance policy to the complainant the opposite parties have committed deficiency.
Hence we direct the opposite parties jointly and severally to pay all benefits arising out of benefit of insurance policy no. 512667580 annexure – 2 (Kh) is Rs. 51,000/- to the complainant within the period of three months from the date of receipt of this order or certified copy of this order failing which the opposite parties will have to pay an interest @ 12% on the insured amount of annexure – 2 i.e. Rs. 51,000/- till its final payment is made.
We further direct the opposite parties jointly and severally to allow other benefits accruing to the complainant by virtue of insurance policies containing in annexure – 1, 3 and 4 i.e. K, G, Gh if the complainant is entitled for the same. The aforesaid amount must be paid within three months.
It is also made clear that if some of documents required to be furnished by complainant again the opposite parties are directed to ask for the same to the complainant to furnish the same such as Istafakia, Postmortem report, punchnama and death certificate except F.I.R. and Charge Sheet within the aforesaid period to enable the opposite party insurance to extend the benefit arising out of the aforesaid insurance policy.
We further direct the opposite parties to pay Rs. 5,000/- to the complainant by way of compensation and litigation costs within the period of three months.
Accordingly this complaint petition stands allowed to the extent indicated above.
Member President
