Present complaint under Section 12 of the Consumer Protection Act, 1986 as amended upto date has been filed by complainant Sarabjeet Kaur widow of Avtar Singh deceased against opposite party i.e. Life Insurance Corporation of India through its Manager, Jeevan Jyoti Building, near Water Tank, Model Town, Kapurthala. seeking direction against it to pay sum assured alongwith interest on account of death of her deceased husband and also monetary compensation on account of deficiency in its service.<br /> 2. Briefly stated facts in the complaint are that husband of the complainant namely Avtar Singh resident of Village Dessal P.O. Saiflabad, District Kapurthala obtained a Life Insurance policy No 131829818 in December 2003 having maturity on 28.12.2023 with a sum assured of Rs.51000/- in the policy and she was appointed as nominee by the policy holder. Unfortunately her husband Avtar Singh expired on 23/2/2007. She intimated about untimely demise of her husband to the opposite party Insurance Company and claimed insurance amount being nominee. She came to know that opposite party Insurance Company is paying an amount of Rs. 17,289/- only against abovesaid policy instead of full amount of policy and also other benefits. She approached opposite party to pay full assured amount but opposite party procrastinated her claim on one pretext or the other which is clear cut violation of terms and conditions of the insurance policy and constitutes deficiency in service against which she is entitled to the reliefs claimed. <br /> 3. Opposite party appeared, controverted allegations of the complainant and resisted her claim. It is pleaded that Avtar Singh son of Beant Singh was reportedly expired on 23/2/2007 due to injuries caused by accident on 6/1/2007 as per form No. 3783 submitted by claimant to the opposite party . The policy was lying lapsed since December,2006 and death claim is payable under claim concession clause in which full sum assured plus bonus is payable subject to deduction of unpaid premium to complete the policy anniversary . As per the Police record, statement given by the life assured that he had taken drink and boarded bus from Fathu Dhinga from Sultanpur Lodhi but after that he did not know how he got injuries and was admitted in the Civil hospital, Kapurthala on 6/1/2007 and he was discharged from the hospital and he was referred to higher institution i.e. Guru Teg Bahadur hospital on 30/1/2007 where he expired on 23/2/2007. It is further pleaded that opposite party Insurance Company is ready to make payment of Rs.57,979/- under table 75-20 but the same could not be made because rival claimant sent notice to the opposite party that claim be not made to the claimant. Therefore, there is no deficiency in service on the part of opposite party Insurance Company.<br /> 4. In support of her version complainant produced in evidence affidavits Ex.CA, CB and CC alongwith documents Ex,.C1 to C3.<br /> 5. On the other hand opposite party produced in evidence affidavits Ex.R1 Ex.R2 and notice Ex.R3.<br /> 6. We have heard arguments of learned counsel for the parties and perused ocular as well as documentary evidence on the record. Learned counsel for the complainant has vehemently urged before us that refusal to pay the sum assured under the insurance policy bearing No. 131829818 in favour of her deceased husband Avtar Singh by the opposite party amounts to deficiency in service for which she is legally entitled. Though it is urged by learned counsel for opposite party LIC that amount of Rs..57,979/- is payable under the said policy but due to rival claimant's notice this payment was not made to the nominee. However, Insurance Company is ready to make payment of assured amount to the person as directed by this Forum.<br /> 7. We have considered rival contentions of counsel for the parties. The death of insured Avtar Singh husband of the complainant Sarabjeet Kaur is not disputed as per admission in para-2 and 3 of the written statement and the insurance policy for the sum assured Rs.51000/- is also not disputed by the Insurance Company. The Insurance Company is also ready to make payment of Rs.57,979/- payable under the policy to the nominee and complainant widow of Avtar Singh deceased is admitted as nominee by the policy holder as per para-2 of the written statement. . Notice Ex.R3 dated 24/9/07 has been filed by the opposite party to forestall the claim of the complainant that complainant was living in her parents' house and mother of Avtar Singh is alive. Be that as it may, no claim has been preferred nor any affidavit of alleged mother of Avtar Singh has been filed. Complainant being the legal heir and nominee under the policy is entitled to sum assured of Rs.57,979/- admittedly paybale under the policy by the Insurance Company, though none of the parties has produced insurance policy bearing No. 131829818.<br /> In the ultimate analysis of aforesaid discussion , we accept the complaint and issue direction to the opposite party Insurance Company to pay sum assured to the complainant under LIC policy No. 131829818 with further direction to pay Rs.4000/- as monetary compensation for mental agony and physical sufferings on account of deficiency in service besides Rs.1000/- as cost of litigation. <br /> Let certified copies of judgment rendered be supplied/despatched to the parties without any unnecessary delay and thereafter file be consigned to record room.<br /> <br /> Announced : ( Shashi Narang ) ( A.K. Sharma )<br /> 2-9-2008 Member President.<br />