BEFORE THE DISTRICT CONSUMER WARANGAL

Present:       Sri                                                  

                                               Sri                                                 

                                      AND

Manday the 12^th May, 2008.

CONSUMER DISPUTE NO. 80/2005

Between:

Thangallapallikunta W/  Age: 30 years,

Occu.: Government Service,

R/

Mahabubabad (V) & (M),

Warangal District.

… Complainant

AND

1. The Divisional Manager,

    The New India Assurance     

     Divisional Officer at

2. The Divisional Manager,

     Rep. by its Divisional Manager,

     Divisional Office – I,

          … Opposite Parties

Counsel for the Complainant               : Sri. 

Counsel for the Opposite Party                      : Sri.

This complaint coming for final hearing before this Forum, the Forum pronounced the following Order.

                                               : ORDER  ::

     Sri

This is a complaint filed by the complainant i.e.

 

The brief averments contained in the complaint filed by the complainant are as follows:

 

01.     The case of the complainant is the wife of Late   During his life time taken two polices Rs.50                            (i.e. 2 x 50,000 = Rs.1,00,000) from the opposite parties, 1. Long Term Group   2.Long Term Group   The complainant   is nominee, the husband of the complainant fell down i.e. sudden slipped from the mount and accidentally fell down due to which he sustained internal injury in his left side of abdomen and injuries to neck, due to which he died, leaving the complainant as only legal heir as successor for those polices.   Thereafter the complainant came to know that are there, then she informed to the opposite parties, but they repudiated the claim on the ground that the policy was cancelled, thereafter she issued a legal notice to the opposite parties then she filed this case before this Forum. 

 

02.     The case of the opposite parties is that, it is true that the husband of the complainant having two policies i.e. opposite parties issued Long Term Group   The opposite party No.2 issued to the notice to the Registrar of General, High Court of Andhra Pradesh canceling the Long Term   Since the policy was cancelled and the policy was not in force as on the date of the death of the complainant’s husband, and the opposite parties are not liable to settle the claim.

 

03.     The complainant in support of her claim filed her Affidavit in the form of chief examination and marked Exs.A-01 to A-08.  On behalf of opposite party Sri

 

04.     Now the point for consideration whether the complainant is entitled for grant an amount of Rs.50,000/- each in two polices making a total sum of Rs.1,00,000/- and also an amount of Rs.10,000/- towards damages, Rs.5,000/- towards transportation for making rounds around the office with costs.

 

05.     After arguments of the both side counsels, our reasons are like this. The husband of the complainant died on 13-07-2003, were issued to the complainant on 12-11-1999 the period of the two polices are 12-02-1999 to 11-02-2014, and since the policies are in force certainly the complainant is entitled to get the claim of her husband policies.  The main arguments of the opposite party Advocate is that, when the Long Term Group   For this our answer is that since either the complainant or her husband did not receive any letter from the opposite parties stating that their polices are cancelled certainly she is entitled to get the amount from opposite parties since there is no any letter from the opposite parties with regard to the cancellation of the polices certainly the complainant is entitled to get her two polices amount. 

 

          For the fore going reasons given by us, it is clear cut that the complainant is entitled to get her policies amount from the opposite parties. Hence we answer this point in

 

 

          The main point in this case is decided in

         

In the result this complaint is allowed and we direct the opposite parties to settle the accounts under two polices with sum assured of Rs.50,000/- (Rupees Fifty Thousand Only) each (i.e. 2 x 50,000 = Rs.1,00,000/-) vide Master Policy No.4761210001225 Certificate No.3871 and Master Policy No.47612100/1281/30045 Certificate No.334 making a total sum assured Rs.1,00,000/-(Rupees One          @ 7.5% from the date of filing of this complaint till the realisation of the amount of Rs.50,000/-(Rupees Fifty Thousand Only) each i.e. Rs.1,00,000/-(Rupees One

 

          A month’s time is granted to the opposite parties to compliance of the order.

 

 

(Dictated to the Stenographer transcribed by him corrected and pronounced by us in the open Forum today i.e.  12^th May, 2008).

 

 

                                                                                                                     Member                    President,

       District Consumer Forum, Warangal.

APPENDIX OF EVIDNECE

WITNESSES EXAMINED

 

 

                          ON BEHALF OF O.P.

Affidavit of Complainant                                     Affidavit of Opposite Party

 

EXHIBITS MARKED

ON BEHALFOF COMPLAINANT

 

 

 

1.          Ex.A-  is the Original Policy Bond for Rs.50,000/- Policy No.4761210001225 with Certificate No.3871 period of insurance 15 years from 12-02-1999 to 11-02-2014.

 

2.          Ex.A-  is the Original Policy Bond for Rs.50,000/- Policy No.47612100/1281/30045 with Certificate No.334 period of 30-04-1999 to 15-04-2014.

 

3.          Ex.A-3 is the Original office copy of Legal Notice, dated 04-07-2005.

4.          Ex.A-4 is the Two Postal Receipts, dated 04-07-2005.

5.          Ex.A-5 is the Two Postal acknowledgements, 5-7-05 & 6-7-05.

6.          Ex.A-6 is the Attested certified copy of F.I.R., dated 14-07-2003

7.          Ex.A-7 is the 15-07-2003.

8.          Ex.A-8 is the True copy attested – Death Certificate along with Original, dated 21-07-2003.

 

 

ON BEHALF OF Opposite parties

 

1.  Ex.B-1 is the Xerox copy of Notice of Cancellation of Long term 06-11-2002.

 

2. Ex.B-2 is the Xerox copy of Insurance Policy No.038685
3. Ex.B-3 is the Xerox copy of Insurance Policy No.038684
4. Ex.B-4 is the Xerox copy of Insurance Policy No.038686
5. Ex.B-5 is the Xerox copy of Insurance Policy No.038683
6. Ex.B-6 is the Xerox copy of Insurance Policy No.038680
7. Ex.B-7 is the Xerox copy of Insurance Policy No.038681
8. Ex.B-8 is the Xerox copy of Insurance Policy No.038682
9. Ex.B-9 is the Original

 

 

 

                                                                                           PRESIDENT.