BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 12 of 2012
Date of Institution : 13.1.2012
Date of Decision : 16.8.2016
Bhoop Singh son of Sh.Udmi Ram, r/o village and Post Office Anandgarh, Tehsil and District Sirsa..
….Complainant.
Versus.
1. Life Insurance Corporation of India through its Senior Divisional Manager, Karnal, Office of Life Insurance Corporation , Divisional Office Rohtak, Jeevan Jyoti, Opp.Aakashwani, Rohtak-124001.
2. Branch Manager, Life Insurance Corporation of India, Sirsa Branch Office Jeevan Jyoti near Sangwan Chowk, Sirsa, distt.Sirsa.
….Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA…………………PRESIDENT
SHRI RANBIR SINGH PANGHAL……MEMBER.
Present: Sh. V.S.Sihag, Advocate for the complainant.
Sh. S.K.Puri, Advocate for opposite parties.
ORDER
Complainant case is that his son namely Sandeep purchased a Life Insurance Policy bearing no.173544695 commencing from 28.6.2003 for the period of 14-20 years for a sum of Rs.30,000/- on payment of half yearly premium Rs.730/-. Complainant is nominee of the policy. Unfortunately, son of the complainant died on 1.6.2010 in road accident. Complainant being nominee lodged a claim for the sum of Rs.70,000/-. However, Ops paid Rs.39270/- against the norms of insurance. Hence, this complaint for remaining compensation and other losses suffered by the complainant.
2. On notice, Ops appeared and contested the case by filing their written version that the death claim has already been paid by them vide cheque no.147753 for Rs.39270/- in favour of Smt.Guddi Devi wife of Bhoop Singh being Class-I legal heir and the accident benefit is not payable as the life assured was minor at the time of taking insurance and as such, the accident benefits were not granted as per policy conditions. No extra premiums for coverage of accident benefits to proposer were charged by the Ops.
3. By way of evidence the complainant has produced affidavit Ex. C1, premium receipt Ex.C2, copy of death certificate Ex.C3, copy of FIR Ex.C4 and copy of post mortem report Ex.C5. Whereas the Ops produced affidavit Ex. R1, copy of proposal form Ex.R2 and Ex.R4 and copy of policy Ex.R3 and Ex.R5.
4. We have gone through the record of the case carefully and have heard learned counsels for the parties.
5. To determine the present complaint, the only question involved is whether the complainant is entitled for the accidental benefit under the policy in question or not?. To answer this question, we have carefully examined the record on the file. As per the policy Ex.R3 condition and privileges not applicable 10.1,10.2,10.3,10.4,10.5,10.6 & 11 i.e. Accident benefit Clause No.10 are not applicable under this policy. Bare reading of condition 10.2(B) of the policy, which is settled for death of the life assured to pay an additional sum equal to the sum assured under this policy, but this condition is not applicable to the complainant’s case which is clearly reflected on the first page of the policy that this condition is not applicable. Moreover, as per the ops case, accidental benefit is not payable as the life assured was minor at the time of issuance of policy and accidental benefit was not granted as per the policy condition. No extra premium for accidental benefit was charged. Ops have already settled the death claim in accordance with the terms and conditions of the policy and paid the due amount to the complainant well in time. In our view, there is no deficiency in service on the part of the Ops. Hence, the present complaint stands dismissed with no order as to costs. Copy of this order be supplied to the parties as per rules. File be consigned to record room after due compliance.
Announced in open Forum. President,
Dated: Member District Consumer Disputes
Redressal Forum, Sirsa.
