IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA.

Dated this the 30^th day of April, 2010.

Present:- Sri. Jacob Stephen (President)

Smt. C. Lathika Bhai (Member)

Sri. N. Premkumar (Member)

C.C.No.140/09 (Filed on 26.10.2009)

Between:

Chippy Sebastian,

D/o. Late Sebastian,

Janmathu Kalathil House,

Kaviyoor.P.O., Thiruvalla.

(By Adv. Sunitha. K.K)                                                                  .....       Complainant

And:

1. Divisional Manager,

New India Assurance Co. Ltd.,

Divisional Office II,

K.N. Mathew Buildings,

Gandhi Amman Coil Road,

Thiruvananthapuram – 695 001.

2. Manager,

New India Assurance Co. Ltd.,

Pathanamthitta.

(By Adv. P.P. Mohammed Mustapha)

3. The Secretary,

Norka, Secretariat,

Thiruvananthapuram.

4. Alice Sebastian,

W/o. Late Sebastian,

Janmathu Kalathil House,

Kaviyoor.P.O., Thiruvalla.                                                 .....       Opposite parties.

O R D E R

Sri. Jacob Stephen (President):

                        The complainant has filed this complaint against the opposite parties for getting a relief from the Forum.

                        2. The complainant’s case is that, she is the daughter of deceased Janmathu Sebastian, who was a policy holder of the Pravasi Suraksha Social Welfare Scheme vide Certificate No.47/761400/81416 valid from 26.10.1998 to 25.10.2003 introduced jointly by the opposite parties 1 to 3.  While so on 3.6.2003 her father was admitted at Salmaniya Medical Centre, Baharain due to Jaundice and undergone treatment up to 16.6.2003.  But the disease was aggravated and on 16.6.2003 he was shifted to Kerala and admitted at Amrutha Institute of Medical Science, Ernakulam for better treatment.  His condition was worsened and he died on 19.6.2003.  After the death of the complainant’s father, the mother of the complainant and the nominee in the policy who is also the 4^th opposite party approached the opposite parties 1 to 3 for the insured amount.  But the opposite parties rejected the claim stating that the death was not taken place in a foreign country and hence the 4^th opposite party has not proceeded further.  At that time, the complainant was a minor and was not aware of the policy and the proceedings for claiming the same.  Now the complainant had attained majority and she is entitled to get the insured amount, as she is the only daughter of the deceased.  Hence this complaint for realising Rs. 10 lakhs with 12% interest from the date of submission of the claim form as compensation from opposite parties 1 to 3 along with cost.       In this case all the opposite parties are declared exparte as they have not appeared before this Forum for contesting this case. 

                        3. On the basis of the pleadings in the complainant’s case, the only point to be considered is whether this complaint can be allowed or not?

                        4. The evidence of this case consists of the proof affidavit of the complainant and Exts.A1 to A6.  After closure of the evidence, complainant was heard.

                        5.  Point:-  The complainant’s case is that, her father was a policy holder of the Pravasi Suraksha policy of opposite parties 1 to 3.  During the validity of the policy her father died due to Jaundice on 19.6.2003.  The complainant’s mother approached the opposite parties 1 to 3 for the policy benefits.  But they have rejected the claim by saying that the death was occurred not in a foreign country.  At that time, the complainant was a minor and she was not aware of the policy and other formalities for getting the claim.  But now the complainant attained majority and she is entitled to get the policy benefits, as she is the only daughter of the deceased.

                        6. In order to prove the complainant’s case, the complainant filed a proof affidavit narrating her case along with 6 documents.  On the basis of the proof affidavit, documents produced were marked as Exts.A1 to A6.  Ext.A1 is the Policy Certificate attached with policy conditions.  Ext.A2 is the attested photocopy of the S.S.L.C. Certificate of the complainant.  Ext.A3 is the Photocopy of the death certificate of the complainant’s father.  Ext.A4 is the Medical Report of the complainant’s father.  Ext.A5 is the Hospital Bills.  Ext.A6 is the Air ticket and Ext.A6(a) is the  Passport of the complainant’s father. 

                        7. On the basis of the contentions of the complainant we have perused the materials on record.  It is true that the complainant’s father was a holder of Pravasi Suraksha policy introduced jointly by opposite parties 1 to 3.  But as per the terms and conditions of the policy attached with Ext.A1 policy certificate, the coverage is given only for the death and other disabilities occurred due to accident and for expenses incurred for repatriation of body from the foreign country.  The complainant’s case is that her father died due to Jaundice, which is not an accident and the death took place at Ernakulam.  So none of the prayer in the complaint is allowable.  Moreover this complaint is frivolous and vexatious and is filed without applying the mind and is a fit case to invoke Sec.26 of C.P.Act.  But we are not invoking Sec.26 of C.P. Act since opposite parties are exparte.  In the circumstances, this complaint is not allowable and is liable to be dismissed.

                        8. In the result, the complaint is dismissed.  No cost.

                        Declared in the Open Forum on this the 30^th day of April, 2010.

                                                                                                                                (Sd/-)

                                                                                                                        Jacob Stephen,

                                                                                                                           (President) 

Smt. C. Lathika Bhai (Member)                  :           (Sd/-)

Sri. N. Premkumar (Member)                    :           (Sd/-)

Appendix:

Witness examined on the side of the complainant:   Nil

Exhibits marked on the side of the complainant:

A1       :  Policy Certificate attached with policy conditions. 

A2       :  Attested photocopy of the S.S.L.C. Certificate of the complainant. 

A3       :  Photocopy of the Death Certificate of the complainant’s father. 

A4       :  Medical Report of the complainant’s father. 

A5       :  Hospital Bills. 

A6       :  Air ticket

A6(a)   :  Passport of the complainant’s father.

Witness examined on the side of the opposite parties:  Nil.

Exhibits marked on the side of the opposite parties:  Nil.

                                                                                                                 (By Order)

                                                                                                        Senior Superintendent

Copy to:  (1)  Chippy Sebastian, Janmathu Kalathil House, Kaviyoor.P.O., Thiruvalla.

(2)   Divisional Manager, New India Assurance Co. Ltd.,Divisional Office II,

           K.N. Mathew Buildings, Gandhi Amman Coil Road,

           Thiruvananthapuram – 695 001.

(3)   Manager, New India Assurance Co. Ltd., Pathanamthitta.

(4)   The Secretary, Norka, Secretariat, Thiruvananthapuram.

(5)   Alice Sebastian, Janmathu Kalathil House, Kaviyoor.P.O., Thiruvalla.

(6)   The stock file.