CC Filed on 01.07.2010<br /> Disposed on 23.09.2010<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 23rd day of September 2010<br /> <br /> PRESENT:<br /> Sri. G.V.HEGDE, President.<br /> <br /> Sri. T.NAGARAJA, Member.<br /> Smt. K.G.SHANTALA, Member.<br /> ---<br /> <br /> Consumer Complaint No. 84/2010<br /> <br /> Between:<br /> <br /> <br /> 1. Sri. Channa Krishnappa,<br /> S/o. G. Ramaiah,<br /> Aged about 65 years,<br /> Agriculturist.<br /> <br /> <br /> 2. N. Nalinakshi @ Naveena,<br /> W/o. late G.C. Jagadeesh Babu,<br /> Aged about 23 years.<br /> <br /> <br /> 3. Kumari G.J. Maithri,<br /> D/o. late G.C. Jagadeesh Babu,<br /> Aged about 1½ years.<br /> <br /> <br /> 4. T.V. Nagarathnamma,<br /> W/o. Channakrishnappa,<br /> Aged about 58 years,<br /> All are residing at<br /> D. No. 86/1, 3rd Division,<br /> G. Ramaiah Layout,<br /> Chikkaballapur.<br /> <br /> <br /> (By Advocate Sri. L. Srinivas) <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Complainants<br /> <br /> V/S<br /> <br /> <br /> The Chief Manager,<br /> LIC of India,<br /> Chickballapur Branch,<br /> Nandi Bhavan,<br /> B.B. Road,<br /> Chickballapur.<br /> <br /> <br /> (By Advocate Samarangappa)<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Opposite Party<br /> <br /> ORDERS<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite party to pay the amount due under the insurance policy issued in favour of late Jagadeesh Babu G.C. for a sum of Rs.1,00,000/- with interest, costs etc., in favour of complainant who is the nominee under the policy. <br /> <br /> 2. One G.C. Jagadeesh Babu who was an agent in LIC of India had insured his life with OP vide policy no. 361302160 under type SSS plan /TRM/PTERM/150/20/20 for Rs.1,00,000/-. The monthly premium was Rs.110/-. The policy covered the risk from 25.07.2005 and it was maturing after 20 years. The complainant who is the father of insured G.C. Jagadeesh Babu was noted as nominee in the policy. <br /> <br /> The said G.C. Jagadeesh Babu died on 02.07.2008 in a road accident. The complainant made claim as nominee. Evenafter several representations the OP did not pay the amount due under the policy. Therefore the complainant filed the present complaint on 28.06.2010. <br /> <br /> 3. The OP appeared through Advocate in response to the notice issued by this Forum. The Learned Counsel for OP submitted that they had no objection for payment of the amount due under the policy with interest provided all the legal heirs of deceased are present before this Forum. He submitted that the enquiry revealed that the deceased had left behind him his widow and a minor female child and also his mother who become the legal heirs of deceased. On consideration of such submission, the Learned Counsel for OP was asked to deposit the amount due with permissible interest under the policy before this Forum. Accordingly on the next date of hearing i.e. on 25.08.2010 the OP tendered Rs.2,12,338/- through cheque payable in favour of this Forum. That cheque has been realized and the amount is kept in S.B. Account of this Forum. The complainant was asked to disclose the names and addresses of class-I heirs of deceased as the parties are governed by Hindu Mithakashra Law.<br /> <br /> Subsequently the mother (wife of complainant) and widow and minor female child of late G.C. Jagadeesh Babu were present before the Forum. The complainant submitted that he had no objection to distribute the shares among class – I heirs and filed affidavit to that effect. <br /> <br /> 4. The minor child is aged about 1½ years. The widow of deceased appears to be aged below 25 years. A parental relative of widow was also present with her. The parties submitted that the share of widow and mother of deceased may be paid to them and the share of minor female baby may be deposited in her name in any Scheduled Bank till she attains majority. They suggested that the share of minor may be deposited in Dena Bank, Budigere Branch, Devanahalli Taluk, Bangalore Rural District. <br /> <br /> 5. Originally the complaint was filed by Channa Krishnappa as nominee. We think the class – I heirs may be added as co-complainants. Hence they are added as complainant No.2 to 4 at the time of passing this order. We think a sum of Rs.70,000/- each may be paid to the mother and widow of deceased and the remaining Rs.72,338/- may be deposited in the name of minor child of deceased. <br /> <br /> 6. For the above reasons we pass the following:<br /> <br /> O R D E R<br /> <br /> Out of the amount deposited in this case, pay Rs.70,000/- each to Complainant No.2 N. Nalinakshi alias Naveena and Complainant No.4 T.V. Nagarathanamma through cheques.<br /> <br /> The remaining amount of Rs.72,338/- shall be deposited in the name of Complainant No.3 Kumari. G.J. Maithri D/o. late G.C. Jagadeesh Babu in Deena Bank, Budigere Branch, Devanahalli Taluk, Bangalore Rural District, till the minor attains majority and thereafter the entire amount with interest shall be paid to her. <br /> <br /> The parties shall bear their own costs. The complaint is disposed of accordingly.<br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 23rd day of September 2010.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br />