M. Parvathi filed a consumer case on 24 Feb 2015 against LIC of India in the Visakhapatnam-II Consumer Court. The case no is CC/44/2013 and the judgment uploaded on 05 Mar 2015.
Date of Registration of the Complaint:27-02-2013
Date of Order:24-02-2015
BEFORE THE DISTRICT CONSUMERS FORUM-II AT
VISAKHAPATNAM
3. Sri C.V. Rao, M.A., B.L.,
Male Member
Tuesday, the 24th day of February, 2015.
CONSUMER CASE No.44/2013
Between:-
Smt. M. Parvathi, W/o Late M. Suryanarayana,
Hindu, Schedule Caste, aged 40 years, residing
at Nagulapally Village, Nunagapaka Mandal,
Anakapalle Taluk, Visakhapatnam District.
….. Complainant
And:-
1.LIC of India, Reptd. by its Branch Manager,
Branch Officer, Seethammadhara, Visakhapatnam.
2.LIC of India, Reptd. by its Regional Manager,
Regional Office, LIC Building, Jail Road,
Visakhapatnam.
… Opposite Parties
This case coming on 20.01.2015 for final hearing before us in the presence of Sri D. Siva Prasad, Advocate for the Complainant and Sri V.V.V.S.S.M. Raja Rao, Advocate for the Opposite Parties and having stood over till this date for consideration, this Forum made the following:
ORDER
(As per Smt. K. Saroja Honourable Lady Member on behalf of the Bench)
1. The case of the Complainant in brief is that the Complainant’s husband during his life time obtained four LIC Policies from the Opposite Parties:
S. No. Policy No. Table Sum Insured
1. 692103881 14 Rs.50,000/-
2. 692416672 88 Rs.25,000/-
3. 692418170 106 Rs.40,000/-
4. 692654282 14 Rs.50,000/-
___________
Total sum insured Rs.1,65,000/-
Wherein, the Complainant was shown as nominee in the above policies. The Complainant’s husband died on 2.5.2009 due to external, visible, violent first blows injuries caused by the accused. The Police authorities after the receipt of the Complaint registered the case in the Cr. No. 60/2009 on the file of Munagapaka P.S. Visakhapatnam District. After death of the deceased, the Complainant as a nominee submitted Claim Form along with all original documents to the Opposite Parties. The Opposite Parties processed the policies in Mechanical manner and paid only an amount of Rs.1,65,000/- but failed to pay the accidental benefit sum of Rs.1,65,000/- under the above policies as letter dated 31.03.2012 FIR and Charge Sheet also submitted to the Opposite Parties. Inspite of many requests made by the Complainant, the Opposite Parties did not settle her claim as their Zonal Review Committee and the Insurance Ombudsman dismissed the Complaint as the death of the deceased was not accidental one. Hence, this Complaint.
2. a) To direct the Opposite Parties 1 and 2 pay accidental benefit sum due under 4 LIC Policies of Rs.1,65,000/- (Rupees One Lakh Sixty Five Thousand only);
b) To direct the Opposite Parties to pay interest at the rate of 24% p.a. on sum of Rs.1,65,000/- from 02.05.2009 to till the date of payment;
c) To award an amount of Rs.2,00,000/- towards compensation and damages.
d) To award an amount of Rs.10,000/- towards costs of proceedings;
e) For such other relief or reliefs deemed fit and proper in the circumstances of the case.
3. The Opposite Parties strongly resisted the claim of the Complainant by contending, as can be seen from their counter. The Opposite Parties stated that the husband of the Complainant died on 2.5.2009 is not an accident. The deceased was suffering from heart ailment and blood pressure the deceased and the accused were closed relatives and the deceased was involved in the quarrel with the accused with regard to plot dispute and the accused committed an offence beating the deceased knowing that their acts might have cause death of the deceased. As such, it is not an accidental death and the same will not come under the meaning of accidental death, so the Complainant is not entitled for any accidental benefit as claimed in the present Complaint.
4. At the time of enquiry, both parties filed affidavits as well as written arguments to support their contentions. Exs.A1 to A7 are marked for the Complainant. Exs.B1 to Ex.B4 are marked for the Opposite Parties. Heard both sides.
5. Ex.A1 is the photo copy of letter addressed by the Opposite Parties to the Complainant dated 26.11.2010. Ex.A2 is the photo copy of First Information Report dated 02.05.2009. Ex.A3 is the photo copy of Charge Sheet in Cr. No.60/2009 dated 16.07.2009. Ex.A4 is the photo copy of letter addressed by the 1st Opposite Party to the Complainant dated 31.03.2012. Ex.A5 is the photo copy of Proceedings of the Insurance Ombudsman dated 29.06.2012. Ex.A6 is the photo copy of letter addressed by the Complainant to the Cabinet Secretariat dated 11.08.2012. Ex.A7 is the photo copy of Judgment of X Addl. Dist. & Sessions Judge (Fast Track Court), Visakhapatnam, Anakapalle dated 26.07.2010.
6. Ex.B1 is the photo copy of Inquest Report and Charge Sheet dated 2.5.2009. Ex.B2 is the office copy of letter addressed by the Opposite Party to the Complainant dated 18.04.2012. Ex.B3 is the attested copy of Award passed by the Insurance Ombudsman dated 29.06.2012. Ex.B4 is the photo copy of First Information Report on 02.05.2009.
7. The fact shown from FIR i.e., Ex.A2 reveals that the police booked the case under Section 302 R/w Section 34 of IPC. Ex.A7 reveals that due to quarrel in between the deceased and the accused, deceased died due to injuries on the forehead of the deceased while they are quarrelling the deceased suddenly fell down and sustained head injury and died.
8. The point that would arise for determination in the case is:-
Whether there is any deficiency in service on the part of the Opposite Parties. Whether the Complainant is entitled to any reliefs asked for?
9. After careful perusal of the case record, this Forum finds that there is no dispute regarding the Insurance Policies of the insured, but the death is disputed by the Opposite Parties. The case was filed before X Addl. District Sessions Judge (Fast Track Court), Visakhapatnam, Anakapalle held in “SC 182/09 the trial was conducted and conviction also given to the accused 1 to 4 for an offence under Section 304 Part-II R/w 34 of IPC. Since A1 to A4 committed grave offence of culpable homicide not amounting murder and also by considering all the circumstances, this court is not include apply P.O. Act and hence A1 to A4 are sentenced to undergo rigorous imprisonment 3 years each”.
The Opposite Parties did not settle the claim as the death of the Complainant’s husband is not an accident one, but failed to prove that the insured died naturally. Moreover, they failed to place treatment particulars of the deceased before this Forum. It amounts to deficiency in service on the part of the Opposite Parties. Hence, the Complainant is entitled to Rs.1,65,000/- with interest some compensation and costs too.
10. In the result, this Complaint is allowed directing the Opposite Parties 1 and 2: a) to pay a sum of Rs.1,65,000/- (Rupees One lakh and Sixty five thousand only) with interest @ 9% p.a. from 2.5.2009 till the date of actual realization to pay b) a compensation of Rs.50,000/- (Rupees fifty thousand only) and c) Costs of Rs.5,000/- (Rupees five thousand only) to the Complainant. Time for compliance, one month from the date of this order.
Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this 24th day of February, 2015.
Sd/- Sd/- Sd/-
President Male Member Lady Member
APPENDIX OF EVIDENCE
For the Complainant:-
NO. | DATE | DESCRIPTIONOFTHEDOCUMENTS | REMARKS |
Ex.A01 | 26.11.2010 | Letter addressed by the Ops to Complainant | Photo copy |
Ex.A02 | 02.05.2009 | FIR | Photo copy |
Ex.A03 | 16.07.2009 | Charge Sheet in Cr. No.60/09 | Photo copy |
Ex.A04 | 31.03.2012 | Letter addressed by the 1st OP to Complainant | Photo copy |
Ex.A05 | 29.06.2012 | Proceedings of the Insurance Ombudsman | Photo copy |
Ex.A06 | 11.08.2012 | Letter addressed by the Complainant to the Cabinet Secretariat | Photo copy |
Ex.A07 | 26.07.2010 | Judgment of X Addl. Dist. & Sessions Judge (Fast Track Court, VSP, Anakapalle | Photo copy |
For the Opposite Parties:-
NO. | DATE | DESCRIPTIONOFTHEDOCUMENTS | REMARKS |
Ex.B01 | 02.05.2009 | Inquest Report and Charge Sheet | Photo copy |
Ex.B02 | 18.04.2012 | Letter addressed by the OP to the Complainant | Office copy |
Ex.B03 | 29.06.2012 | Award passed by the Insurance Ombudsman | Attested copy |
Ex.B04 | 02.05.2009 | FIR | Photo copy |
Sd/- Sd/- Sd/-
President Male Member Lady Member
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