Punjab

Amritsar

MA/157/2023

Pushpa Kumari - Complainant(s)

Versus

Care Health Insurance Co. - Opp.Party(s)

08 Feb 2024

ORDER

District Consumer Disputes Redressal Commission
SCO 100, District Shopping Complex, Ranjit Avenue
Amritsar, Punjab
 
Miscellaneous Application No. MA/157/2023
( Date of Filing : 20 Nov 2023 )
In
Complaint Case No. CC/337/2021
 
1. Pushpa Kumari
Vairowal Bawian, Tarn Taran at present C/o Usha Rani wife of Sh. Balwinder Kumar, H.No.1177/21, Gali No.3, Ram Tirath Road, Putlighar, Amritsar.
Amritsar
Punjab
...........Appellant(s)
Versus
1. Care Health Insurance Co.
SCO 28, Taneja Tower, B-Block, Ranjit Avenue, Amritsar (Formerly known as Religare Health Insurance)
Amritsar
Punjab
...........Respondent(s)
 
BEFORE: 
  Sh. Jagdishwar Kumar Chopra PRESIDENT
  Sh. Lakhwinder Pal Gill MEMBER
  Ms. Mandeep Kaur MEMBER
 
PRESENT:
 
Dated : 08 Feb 2024
Final Order / Judgement

Present : Mrs.Usha Rani and Reena, legal heirs of the deceased Pushpa Kumari

                 Sh.R.P.Singh, Adv.counsel for the J.D.

                

                                                                                   

                        This order of this Commission will dispose off Execution application No.173 of 2022 and Misc.application No.157 of 2023 which has arisen from the order passed by this Commission on 11.7.2022 and further appeal disposed of by the Hon’ble State Commission vide its order dated 20.10.2023 and a cheque of Rs. 30203/- was received from the Hon’ble State Commission for disbursing the same to the complainant Pushpa Kumari. Besides this, during the pendency of the execution application, a cheque of Rs. 32824/- bearing No.139299 dated 15.1.2024 was deposited by the opposite party in compliance of the order passed by this Commission which was ordered to be deposited in the account of the President, District Consumer Commission, Amritsar and it was reported by the concerned clerk that this amount has already been deposited in the account of this Commission. Similarly, an amount of Rs. 30203/- has been received from the Hon’ble State Commission for disbursing to the complainant. Notice of both the execution application and Misc.applicatoin was served upon both the parties. During the course of proceedings in execution application, one Usha Rani with her sister Reena has moved application that Pushpa Kumari had died on 8.7.2023 and placed on record copy of the death certificate and also submitted self attested affidavit that both are the legal heirs of the deceased Puspha Kumar and submitted copies of their aadhar cards. Statement of Sh.R.P.Singh Adv.counsel for the opposite party also suffered statement on 24.1.2024 that he has no objection if both the amounts i.e. Rs.32824/- and Rs.30203/-  respectively be given to the legal heirs of the deceased Pushpa Kumari. Since both Usha Rani and Reena have submitted their affidavits that they are only legal heirs of the deceased Pushpa Kumari, hence, the said amounts lying in this Commission be disbursed to them. Since there is no dispute about the legal heirs of the deceased Pushpa Kumari and both Usha Rani and Reena have submitted their separate affidavits that if anybody legally claim his/her share out of this insurance amount, they will be liable to return the same to the claimant, if so warranted. In view of these facts, it is ordered that amount of Rs.32824/- and Rs.30203/- total Rs. 63027/- ( Rupees Sixty three thousand and twenty seven only ) which is lying deposited in this Commission be disbursed to both Usha Rani and Reena in equal shares being legal heirs of the deceased Pushpa Kumari against proper receipt and identification. It is further ordered that if at any point of time, if anyone came present to claim this amount, both the legal heirs Usha Rani and Reena will be liable to return or deposit the same to forthwith to this Commission. Copy of this order be placed in Misc.application No.157 of 2023. Hence, both Execution No.173 of 2022 and Misc.application No.157 of 2023 stands disposed off accordingly. File be consigned to the record room.

 
 
[ Sh. Jagdishwar Kumar Chopra]
PRESIDENT
 
 
[ Sh. Lakhwinder Pal Gill]
MEMBER
 
 
[ Ms. Mandeep Kaur]
MEMBER
 

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