Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 30.10.2017
Smt. Karishma Mandal
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to make payment of policy amount along with 15% interest.
- To direct the opposite parties to pay Rs. 1,00,000/- ( Rs. One Lack only ) as compensation.
- To direct the opposite parties to pay Rs. 25,000/- ( Rs. Twenty Five Thousand only ) as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that her Late husband namely Lalan Kumar has taken a policy namely Janta Personal Accident Insurance policy of Rs 50,000/- on 23.10.2002 as will appear from annexure – 1. In the aforesaid policy the complainant Kiran Devi (complainant) was made nominee. The policy was effective from 23.10.2002 to 22.10.2017.
It is further case of the complainant that on 14.10.2009 the husband of the complainant met with an accident at bypass road, Patna while he was returning from his shop of Gardanibagh. After accident husband of the complainant was admitted in IGIMS, Patna in very injured condition who died on 15.10.2009 and thereafter his body was sent for post mortem in the PMCH and in the post mortem report the cause of death was due to road accident.
It is further case of the complainant that she submitted a claim form along with all required documents before opposite party no. 1 but till date she has not received the amount of the policy. The complainant has approached authorities of opposite parties for redresaal of his grievance but the same has not been redressed. The copies of insurance policy, death certificate, FIR, post mortem report etc. have been annexed with this complaint petition by way of annexure – 1 to 6.
On behalf of opposite party no. 2 insurance company a show cause/written statement has been filed in Para – 7 and 8 of which the following facts have been mentioned, “that the answering opposite party had settled the claim of the complainant and sent registered letter dated 02.07.2010 to the complainant’s address for bank details and other papers for payment of Rs. 50,000/- directly to the bank account of the complainant. A photocopy of letter dated 02.07.2010 is annexed here as annexure – 1 and a part of it.”
“that the complainant did not respond to the letter dated 02.07.2010 of the answering opposite party so the claim amount could not be disbursed to the complainant.”
No any rejoinder to written statement of opposite party no. 2 has been filed on behalf of complainant.
Hence there is no any counter version of the complainant of the written statement filed by opposite party no. 2.
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From bare perusal of Para – 7 and 8 of written statement it is crystal clear that opposite parties have settled the claim of the complainant, the information of which has been sent to the complainant vide registered letter dated 02.07.2010 the copy of which has been annexed as annexure – 1.
From bare perusal of annexure – 1 it is crystal clear that the claim of the complainant has been settled as far as back 2010 and the complainant has been asked to furnish certain details i.e. Bank account, identity form etc. mentioned in Para – 1 and 2 of annexure – 1.
As there is no any rejoinder of the complainant of written statement filed by opposite party no. 2 hence we think it proper to dispose this case in the light of fact asserted in Para – 7 and 8 as well as annexure – 1 of written statement.
Hence we direct the complainant to approach the competent authority of Insurance Company (opposite party no. 2) and furnish relevant documents as per requirement of letter dated 02.07.2010 contained in annexure 1 of written statement. If complainant furnishes the aforesaid document to authority of opposite party no. 2, then opposite party no. 2 is directed to pay the Insurance money i.e. Rs. 50,000/- ( Rs. Fifty Thousand only ) to the complainant as per mode of payment of the company without further delay preferably within the period of one months from the date of receipt of the aforesaid document failing which the opposite party no. 2 will be liable to pay interest @ 10% on the aforementioned amount i.e. Rs. 50,000/- till the final payment is made.
Accordingly this complaint stands disposed of in the light of aforementioned direction.
Member President
