1. Brief fact of the case of the complainant is that she is wife of  one Paresh Chandra Dhali, Peon, who was declared dead by the Civil Court after his absconded for more than seven years.  It is also submitted that the date of death is to be presumed the first date on which he absconded and not the date of Judgement for the purpose of death claim from insurance company and he had obtained some insurance policies from the insurance company under salary saving scheme.  Further she has alleged that the Opp. Party presuming the date of Judgement as date of death,decided all the policies are irregular (defaulted) and paid accordingly, but the O.P should treat the first date of missing as date of death and should also settled the policies with full assured values and with other allegations and showing the deficiency on the part of O.P., the Complainant has filed this case with a pray to direct the O.P. to settle the policies with full value assured as well for compensation.
    
2. On the other hand, the Opp. Party appeared in this case, filed their written versions denying all the allegations of the Complainant, contended that the information of absconding was received by them on September, 2013 and the xerox of Court Order regarding civil dead was received by them on 05.02.2015.  Further, they have contended that both the policies were issued under Salary Saving Scheme and the view of Complainant regarding date of presumption of death is denied and also contended that taking into consideration to the date of F.I.R i.e. 23.05.2006 which is mentioned in the Judgement dated 25.01.2013 passed by the Hon’ble Court of Civil Judge, Sr. Division, Malkangiri, they have settled the policies and paid accordingly, hence denying all the allegations of the Complainant, they have prayed to dismiss the case.
    
3. Both parties have filed certain documents in support of their submissions. Heard from the parties through their respective A/Rs at length and perused the materials available on record.
    
4. In the instant case, issuance of two numbers of life insurance policies in favour of the policy holder Paresh Ch. Dhali vide policy no. 590447498 & 570660179 under salary saving scheme are admitted one.  It is also an admitted fact the policy holder Paresh Ch. Dhali was declared as civil dead as per the Judgement dated 25.01.2013 by the Hon’ble Civil Judge, Sr. Division, Malkangiri in C.S. No. 16/2012.The submissions of the Complainant is that her husband i.e the policy holder Paresh Ch. Dhali had obtained two numbers of life insurance policies during his service period under salary saving schemes and after he was declared as civil dead by the Hon’ble Court of Civil Judge, Sr. Division, as per the death claim of the policy holder by the Complainant, she was paid the death benefits considering the date of Judgement as the date of death whereas the O.Pswere supposed to consider the first date on which her husband was absconded. Further at the time of hearing, the Complainant admitted that she was paid some amount by the O.Ps towards the death claim of her husband against the two said policies.Complainant filed xerox copy of her SBI pass book to that effect.We have gone through the said copy of pass book, from which it is revealed that on December, 2013 and July 2014 the O.P. has credited an amount of Rs. 7,500/- and Rs. 14,657 respectively.Therefore, It can be safely concluded that the O.P has paid only Rs. 22,157/- in toto through NEFT in the account of the Complainant.
    
5. On the other hand, the O.Ps have contended that in the Judgement dated. 25.01.2013, the Hon’ble Civil Judge, Sr. Division, Malkangiri has held that the date of F.I.R. was 22.05.2006 on basis of the relevant documents and had the Complainant informed them regarding the absconding of the policy holder, they could have informed the Complainant about the terms and conditions governing presumption of death.  We have carefully gone through the Judgement dt. 25.01.2013.  There is no doubt that the Hon’ble Civil Court has mentioned the date of F.I.R as 22.05.2006 on the basis of relevant documents, but in the finding issue no. (iii), it is also mentioned that Paresh Chandra Dhali has been missing since 15.09.2004.Therefore, the findings of Civil Court cannot be over looked at any point.Further it is well settled of law that the Judgement of a Civil Court is always based on the findings of the fact.Hence, we feel that, in the case in hand, the O.Ps might have over looked such findings i.e. date of absconding of the policy holder is 15.09.2004, which could have taken into consideration at the time of settlement of the death claim of the policy holder.
    
6. Further the submissions of the Complainant that the O.P. was supposed to paid full value assured, on the other hand, the O.P have contended that the policy no. 590447498 is in reduced paid up condition hence paid-up-value is paid and in the second policy i.e. 570660179 “nothing is payable” due to policy is lapsed.  Inspite of several adjournments and our directions, the O.Ps did not choose to file the supportive documents to establish their submissions regarding the status of both the insurance policies. In this context, we made put some questions to the O.Ps for clarification i.e.
   a.   Whether any correspondence was made to the employer or to the legal heirs, of the policy holder Paresh Ch. Dhali since                15.09.2004 by O.P., as the policies were issued under Salary Saving Scheme?
   b.   On which date the last premiums against both the policies were received by the O.P. ?
   c.  How do the O.Ps. have calculated the death claim of the policy holder in both policies and credited the amount in the account of
       Complainant and also to submit the calculation sheet.
   d.  When did the policy no. 570660179 become lapsed?

In spite of repeated directions, the O.P. have miserably failed to satisfy us in regard to the above questionnaires, so also they have failed to produce any documents to that effect.  Hence, we feel, the O.Ps have not properly calculated the death claim of the policy holder at the time of settlement of claim, which they were supposed to do.  And settling the death claim without any proper calculation, is a gross deficiency in service on the part of the O.Ps.  Hence, we feel the full sum assured in both the policies should be paid to the Complainant after deducting the amount credited in her account.    

Further the contentions of O.Ps that the Complainant had not informed them about the absconding of the policy holder, otherwise they could have inform the Complainant about the terms and conditions governing presumption of death, is purely unimaginary and will not do.  It presumes that O.Ps. have forgotten their own duty to provide better service to their customers.  Had the O.Ps. collect the respective premiums regularly from the employer of the policy holder, definitely the information regarding the absconding of policy holder could have ascertained from the employer, but without doing so, the O.Ps intended to push their own fault over the head of the Complainant, is also not sustainable in the eye of law.  So, we think, the O.Ps are having intentions to play hide and seek game.

7. In the case in hand, in view of the above facts and circumstances, we feel the complainant must have suffered some mental agony and financial loss due to non release of her legitimate dues, for which she has filed this case incurring some expenditures, as such she is entitled some compensation and costs.  Considering his suffering, we feel a sum of Rs. 10,000/- and Rs. 2000/- towards compensation and costs will meet the ends of justice.  Hence this order. 

                                                                               ORDER

The complaint petition is allowed on part.  The O.P. is herewith directed to pay the full sum assured in both the policies in favour of the Complainant after deducting the amount credited in her SBI account, and to pay Rs. 10,000/- towards compensation and Rs. 2,000/- towards costs of litigation to the complainant within 30 days from the date of the communication of this order, failing which, the compensation amount shall carry interest @ 10% p.a. from the date of this order till payment. 

Pronounced in the open Forum on this the 30^th day November, 2017.

Issue free copies to the parties concerned.