Orissa

Cuttak

CC/230/2022

Jayanti Sethy - Complainant(s)

Versus

Chief Manager,United India Insurance Co Ltd - Opp.Party(s)

D Panda & associates

01 Jul 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.230/2022

1.       Jayanti Sethi,

          W/O: LateBiswaBhusan Sethi.                                

 

2.       RabinarayanSethy,

          S/O: LateBiswaBhusan Sethi.

 

3.       BiswaBijayaniSethy,

           D/O:  LateBiswaBhusan Sethi.

 

4.       Kamalini Sethy,

          W/O: BanamaliSethy,

 

           All are of:ArakhapalSahi,Fakirpur,

           P.S:Anandpur,Dist:Cuttack.

           At present:C/O:MadhumitaMoharana,

           HCG Panda Cancer Hospital,

           At./PO:TelengaPentha,P.S:Sadar,

            Dist:Cuttack.                                                                     ... Complainants.

 

          Vrs.

 

1.       Chief Manager,

United India Insurance Co. Ltd., Divisional Office No.II,

                   1^st floor,Makar Bhawan No1,Sir Vithal Das,

                      Thakersay Marg,Mumbai-400020

     

2.       Divisional Manager,

                          United India Insurance Co. Ltd.,

                          At:Vikash Sadan,Block-2,P.O:College Square,Cuttack-753003.

 

3.       Chief Manager,

          State Bank of India,Keonjhar,

          At/PO:Keonjhargarh,Dist:Deonjhar-758001.                                               ....Opp. Parties.

 

 

Present:            Sri Debasish Nayak,President.

                             Sri SibanandaMohanty,Member.

 

Date of filing:   11.11.2022

Date of Order:  01.07.2023

 

For the complainant:                   Mr. D.Panda,Adv. & Associates.

For the O.Ps   :                             None.

           

Sri Debasish Nayak,President.

Case of the complainants as made out from the complaint petition in short is that Biswa Bhusan Sethi, the husband of complainant no.1 Jayanti Sethi succumbed to injuries after falling down into a drain in front of the U.P school near police line area of Keonjhar on 1.6.2021.  In the night of 31/1.6.2021 while the said Biswa Bhusan Sethi was returning to his police barrack being a police personnel, he accidentally fell into the drain due to the removal of the cement slab of the drain and thereby he sustained fatal brain injury for which he had succumbed to the injuries.  During the life-time, Biswa Bhusan Sethi was having a Group Personal Accident Policy with United India Insurance Company Ltd. bearing Policy no.1203004220P113804906 which was effective upto 3.1.2022.  The complainants being the legal heirs of the deceased Biswa Bhusan Sethi had lodged claim before the said O.Ps and accordingly, O.P no.1 had issued a letter dtd.21.2.2022 requiring certain documents, affidavit etc from them.  Accordingly, all the said documents were submitted for the claim amount of Rs.20,00,000/- but O.P no.1 through his letter dtd.20.7.2022 had denied to settle the claim on certain flimsy grounds.  Thus, the complainants have come up with this case before this Commission claiming the assured amount of Rs.20,00,000/- in the Group Personal Accident Policy as obtained by the deceased Biswa Bhusan Sethi of whom they are the legal heirs and have also claimed interest thereon with effect from 1.6.2021.  They have further claimed a sum of Rs.50,000/- towards their mental agony together with a sum of Rs.10,000/- towards cost of the litigation.  They have further prayed for any other reliefs as deemed fit and proper.

          Alongwith the complaint petition, the complainants have filed copies of several documents in order to establish their case.

2.       Having not contested this case, the O.Ps were set exparte vide order dtd.3.2.2023.

3.       The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Point no.ii.

           Out of the three points, point no.ii  being the pertinent one, is taken up  first for consideration here in this case.

          On perusal of the copies of documents as available in this case record, it is noticed that the deceased Biswa Bhusan Sethi is undoubtedly the husband of the complainant no.1 and father of the complainants no.2 & 3.  Complainant no.4 is the mother of the deceased Biswa Bhusan Sethi.  The death of the said Biswa Bhusan Sethi is also not in dispute and the said Biswa Bhusan Sethi during his life time had availed one Accidental Claim policy which is also not in dispute.  On the death of his accident, when the said Biswa Bhusan Sethi fell down to the drain, by then the policy was in force.  Thus, this Commission finds no reason as to why the claim of the complainants was not settled when put-forth and under what circumstances the said claim was turned down.  Thus by not settling the bonafide claim of the complainants, the O.Ps are found to be deficient in their service.  Accordingly, this point goes in favour of the complainants.

Points no.i& iii.

From the discussions as made above, the case of the complainants is maintainable and complainants are thus entitled to the reliefs as claimed by them.  Hence it is so ordered;

                                              ORDER

The case is allowed exparte against the O.Ps.  All the O.Ps are directed to settle the insurance claim of the complainants by paying the insured value of Rs.20,00,000/- together with interest thereon @ 12% per annum effective  from 1.6.2021 till the total amount is quantified.  The O.Ps are also directed to pay the complainant a sum of Rs.50,000/- towards compensation for their mental agony and harassment alongwith another  sum of Rs.10,000/- towards their litigation expenses.  This order is to be carried out within a period of 30 days from the date of receipt of this order.

Order pronounced in the open court on the 1^st day of   July,2023 under the seal and signature of this Commission.          

                                                                                                                       Sri Debasish Nayak

                                                                                                                                 President

                     

 

                                                                                                                    Sri Sibananda Mohanty

                                                                                                                                   Member