The fact of the case as revealed from the petition of complaint as well as from the evidence is that the petitioners/complainants filed a petition u/s.12 of C.P.Act, 1986 which was registered as complaint Case No.14/17.
The fact as revealed is that the O.P. is a business concern dealing in various insurance and other business and the Branch Manager, Cholamandala Investment and Finance Ltd, Raiganj Branch office at South Sudarsanpur , P.O & P.S. Raiganj, Dist. Uttar Dinajpur is another wing of the O.P and the said wing deals in various car/ vehicle loan business in this locality.
During the life time of the husband of petitioner/complainant No.1 and the father of petitioner Nos.2 and 3 Ajit Biswas took loan from the Branch Manager , Cholamandalam Finance and Investment Ltd., Raiganj, South Sudarsanpur, P.O & P.S. Raiganj. From the petition it is also revealed that the Branch Manager insisted Ajit Biswas to purchase personal Insurance Policy and at that time it was stated that without purchasing insurance policy, the financial assistance will not be provided. In such situation Ajit Biswas was compelled to purchase two Group Personal Accident Insurance Policy with the help of the Branch Manager, Cholamandalam Investment and Finance Ltd. of Rs.3,00,000/- each. One of the policies was valid from 31.05.2014 to 30.05.2017 and another policy was valid from 31.01.2015 to 30.01.2018. As per requirement Ajit Biswas deposited premium of Rs.1650/- of each policy. After receipt of the premium the O.P issued two policy certificates in the name of Ajit Biswas. But all on a sudden Ajit Biswas died on 11.05.16 due to road traffic accident near Kulick Bridge near Embassy Hotel when Ajit Biswas was going towards Soharoi More from Raiganj side by his bicycle. At that time one Tracker bearing No.WB 59/4057 dashed the victim. As a result of which the victim died on the spot. The petitioner No.2 i.e the son of Ajit Biswa lodged a written complaint before the Raiganj P.S in respect of the accident and on the basis of such written complaint Raiganj P.S. started a case bearing Raiganj P.S. Case No.170/2016 dt.11.05.2016. After demise of Ajit Biswas the complainant/petitioner claimed the Insurance amount from the O.P and the Branch Manager , Cholamandalam Finance and Investment Ltd., Raiganj Branch for getting the sum assured as mentioned in the two Insurance Policy. But the O.P did not take any steps for payment in respect of two policies. This is why complainants were compelled to file the petition for getting Rs.6,00,000/- as the value of the assured amount and Rs.25,000/- as compensation for harassment and mental pain and litigation cost of Rs.5,000/-.
The petition has been contested by the O.P denying all the material allegations as leveled against the O.P contending inter alia that the present petition filed by the petitioners/complainants is not maintainable in present form and it is barred by estoppels, acquiescence and without any jurisdiction and the case is also barred for non joinder and miss joinder of necessary parties and also barred by law of limitation. There was no negligence or deficiency in service on the part of the O.P. It has been also denied that Ajit Biswas died on 11.05.2016near Embassy Hotel is totally false and it is a brain child of the petitioners/complainants.
The definite defence case is that as per bank statement Ajit Biswas paid Rs.3,00,000/-which has been adjusted in the loan account of Ajit Biswas. From the Insurance Company complainant did not submit their claim before the proper authority. So considering the facts and circumstances the instant case is liable to be dismissed with cost.
During trial the complainant No.2 Chiranjib Kr. Biswas was examined as P.W.1 and he was cross examined and some documents were filed. On the other hand no witness was examined on behalf of the O.P.
Now, the point for determination whether the complainants are entitled to get any relief as prayed for.
Decision with reasons
At the time of argument Ld. Lawyer of the O.P i.e Cholamandalam Genarel Insurance Co. Ltd. argued that the loan was taken from the Branch Manager, Cholamandalam Finance and Investment Ltd., Raiganj Branch Office at South Sudarsanpur. No loan was taken from Cholamandalam General Insurance Co. Ltd. So, according to the argument as advanced by Ld. Lawyer of the O.P. the instant case is not maintainable against this O.P. as no loan was given by Cholamandalam General Insurance Co. Ltd. On the other hand the Ld. Lawyer of the complainants argued that the Cholamandalam Finance and Investment Ltd. is an another wing of Cholamandalam General Insurance Co. Ltd. So, the argument as raised by the Ld. Lawyer of the O.P is not tenable. But on perusal of the record it is found that the O.P on 21.03.2018 filed a statement of accounts of Cholamandal. From which it is found that the loan was taken by deceased Ajit Biswas. So if the Cholamandalam Finance and Investment Ltd. is not related to the Cholamandalm General Insurance Co. Ltd. how the statement of accounts is prepared by Cholamandalam General Insurance Co. Ltd. So, definitely Cholamandalam Finance and Investment Ltd. is an another wing of Cholamandalam General Insurance Co. Ltd.
On perusal of the record it is found that the certificate of insurance was issued by Cholamandalam General Insurance Co. Ltd wherefrom it is found that deceased Ajit Biswas covered under the Group Personal Accident master and two policies were purchased by which the value was Rs.3,00,000/- each. Such fact has been denied by the O.P that no Insurance policy was purchased by the deceased Ajit Biswas and it has been denied in the W.V and it is also be denied that Ajit Biswas did not die at all by road accident. But on perusal of the record it is found that an FIR was lodged before the Inspr.-in-charge of Raiganj P.S about the accident in which Ajit Biswas died and a surathal/inquest report was prepared and death certificate has been filed. So, denial made in the W.V is completely baseless. How the O.P made such allegation that Ajit Biswas did not die at all. Moreover, at the time of filing case those documents like Xerox copy of FIR, Xerox copy of Surathal report and death certificate was filed. The O.P should cautious in future to show that real fact may be reflected in the W.V as and when we found the documentary evidence as regard to the death of Ajit Biswas by road accident. The Ld.lawyer of the complainant submitted that P.,W.1 in his cross examination has admitted that his father already paid 50% of the loan amount. In this regard on perusal of NOC it is found that one loan has been completely cleared up. So one loan as yet pending. On perusal of the statement of accounts it is found that Rs.1,95,798/- remains outstanding. So, the claimants are entitled to get the rest amount after deducting the outstanding balance from the sum assured Rs.3,00,000/-. So by calculation it comes to (Rs.3,00,000/- - Rs.1,95,798/-) = Rs.1,04,202/- in respect of one policy. Besides that the complainants are entitled to get Rs.3,00,000/- as assured amount in respect of another policy for which no objection certificate has been issued. So, the total amount comes to Rs.1,04,202/- + Rs.3,00,000/- = Rs.4,04,202/- and the O.P is liable to pay the same.
So, on considering the facts and circumstances the complainants are entitled to get the amount of Rs.4,04,202/- under the Group Personal Accident policy. Besides that the claimants are entitled to get compensation on the ground of mental pain and agony and litigation cost.
C.F. paid is correct.
Hence, it is,
O r d e r e d
That the case being C.C.Case No.14/2017 be and the same is allowed on contest against the O.P but without any cost.
The claimants are entitled to get Rs.4,04,202/- (Rupees four lacs four thousands two hundred two) as compensation under the Group Personal Accident policy, Rs.20,000/- (Rupees twenty thousands) for mental pain and agony and Rs.5,000/- (Rupees five thousands) as Litigation cost.
The O.P is directed to pay the amount i.e Rs.4,04,202 + Rs.20,000/- + Rs.5,000/- = Rs.4,29,202/- (Rupees four lacs twenty nine thousands two hundred two) only within one month from the date of the order failing which it will carry interest at the rate of 5% per annum from the date of filing of this case. In case of default of payment within the time fixed by the Forum the complainants will have the liberty to execute the order as per provision of law. The O.P is further directed to issue three account payee cheques in the name of three complainants adjusting amount in respect of one cheque and cheques will be deposited in the Forum.
Thus the case is disposed of
Let a copy of this order be supplied to the parties free of cost.
