BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri. T.Sundara Ramaiah, B.Com B.L., President
And
Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member
And
Smt. S.Nazeerunnisa, B.A., B.L., Lady Member
Tuesday the 27th day of March, 2012
C.C.No.103/2011
Between:
S.Sumalatha,W/o Late S.Usman,
H.No.4-149/93-7, Teachers Colony,Dhone - 518 222,Kurnool District.
…Complainant
-Vs-
1. Life Insuranc Corporation of India Limited., Represented by its Branch Manager,
H.No.8-85-4-1, Kothapeta, Dhone - 518 222, Kurnool District.
2. Senior Divisional Manager, Life Insuranc Corporation of India Limited,
P.B. No. 10, College Road, Kadapa - 516 004.
...Opposite ParTies
This complaint is coming on this day for orders in the presence of Sri P.Siva Sudarshan, Advocate for complainant and Sri L.Hari Hara Natha Reddy, Advocate for opposite parties 1 and 2 and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. T.Sundara Ramaiah, President)
C.C. No. 103/2011
1. This complaint is filed under section 11 and 12 of C. P. Act, 1986 praying to direct the opposite parties:-
- To pay the policy amount of Rs.2,50,000/- to the complainant with interest at 24% per annum from the date of accident i.e., 12-08-2009 till the date of realization along with benefits;
- To grant a sum of Rs.20,000/- towards mental agony;
- To grant a sum of Rs.5,000/- towards cost of the complaint;
And
- To grant any other relief as the Honourable Forum deems fit and proper in the circumstances of the case.
2. The case of the complainant in brief is as under:- The complainant is wife of Late S.Usman. Late S.Usman took L.I.C. New Gold Bhima Policy bearing No.654123896 from the opposite parties. The policy commenced on 28-11-2006. The insured amount is Rs.2,50,000/-. The mother of the deceased Late S.Usman is the nominee under the policy. The mother of the insured died on 03-03-2009. The insured Late S.Usman died in a motor road accident on 12-08-2009. After the death of Late S.Usman the complainant submitted the claim form to opposite party No.1 with all required documents. The opposite parties did not settle the claim. The complainant issued legal notice to opposite party No.1. The opposite party No.1 received the said notice but not given any reply delay in the settling the claim amounts to deficiency of service. Hence the complaint.
3. Opposite party No.2 filed written version and the same is adopted by opposite party No.1. It is stated in the written version of opposite party No.2 that the complaint is not maintainable. The policy bearing No.654123896 was issued in favour of Late S.Usman. The sum assured under the policy is Rs.1,00,000/-. It covers the accidental risk. The life assured Late Shaik Usman died on 12-08-2009. The nominee under the policy S.Muktum Bee pre-deceased her son Late S.Usman. Smt S.Rokhiya Banu who is the wife of the deceased submitted the claim along with relevant documents. The Thasildar, Dhone issued family members certificate dated 24-03-2011 in favour of Smt. Rokhiya Banu. Accordingly the amount payable under the policy was paid to Smt Rokhiya Banu and obtained discharge voucher dated 05-07-2011. Since the claim under the policy is already settled the present complaint is not maintainable. The complainant has to establish her right in the Civil Court if she is entitled. The dispute between the complainant and Smt S.Rokhiya Banu is to be adjudicated in the Civil Court. The complaint is liable to be dismissed.
4. On behalf of the complainant Ex.A1 to A19 are marked and sworn affidavit of the complainant and third party affidavit of Smt.Chukkala Pullamma is filed. On behalf of the opposite parties Ex.B1 to Ex.B4 are marked and affidavit of opposite party No.2 is filed.
5. Both sides filed written arguments.
6. Now the points that arise for consideration are:
- Whether there is deficiency of service on the part of Opposite Parties?
- Whether the complainant is entitled for the reliefs as prayed for?
- To what relief?
7. POINTS i and ii:- Admittedly Late S.Usman took L.I.C. New Gold Bhima Policy bearing No.654123896 from the opposite parties Ex.A1 is the copy of the said policy. The date of commencement of the policy is 28-11-2006. Smt S.Muktum Bee mother of deceased insured is the nominee under the policy. Admittedly Smt S.Muktum Bee who is the nominee under the policy died on 03-03-2009. It is the case of the complainant that Late S.Usman the policy holder died in a motor road accident on 12-08-2009. The complainant filed Ex.A2 copy of the F.I.R. and Ex.A6 death certificate of the deceased Late S.Usman. The opposite party also admitted that the life assured Late S.Usman died on 12-08-2009 in the road accident.
8. It is the case of the complainant that she is the wife of the deceased Late S.Usman that after the death of Late S.Usman she submitted the claim form to opposite party No.1 along with relevant documents and that the opposite parties failed to settle the claim. It is the contention of the opposite parties that Smt S.Rokhiya Banu is the wife of the deceased, that she made a claim under the policy and that an amount of Rs.1,00,000/- was paid to Smt. S.Rokhiya Banu on 05-07-2011. The complainant filed Ex.A9 to establish that she married Late S.Usman on 10-11-2008. She also filed Ex.A8 copy of family members certificate dated 11-02-2010 issued by Thasildar, Dhone. The opposite parties filed Ex.B1 dated 24-03-2011, the original family member certificate issued by Thasildar, Dhone. It is mentioned in Ex.B1 that Smt. S.Rokhiya Banu is the wife of the deceased Late S.Usman and that she is competent to receive the amount due by L.I.C. In Ex.A8 family members certificate dated 11-02-2010 filed by the complainant also it is mentioned that she is the wife of the deceased Late S.Usman and that she is competent to receive the money due by the L.I.C. there are rival claimants. As seen from Ex.A5 it is very clear that the complainant issued legal notice dated 18-05-2010 to opposite party No.1 stating that she is the wife of the deceased and that she is entitled to receive the benefits under the policy standing in the name of Late S.Usman. The opposite party No.1 received the said notice dated 18-05-2010. Ex.A5 is the office copy of legal notice with acknowledgement. The opposite party No.1 having received the legal notice got issued by the complainant did not choose to give any reply. Admittedly the claim of the complainant was not repudiated by the opposite parties stating that she is not wife of Late S.Usman when the claim of the complainant was pending the opposite parties paid an amount of Rs.1,00,000/- to Smt.S.Rokhiya Banu and obtained Ex.B3 discharge voucher. When there are rival claimants the opposite parties should have insisted for production of succession certificate issued by the competent Court. Under Muslim law one can have four wifes at a time. The Mandal Thasildar issued one certificate Ex.A8 stating that the complainant is the wife of the deceased Late S.Usman. The Thasildar also issued another certificate Ex.B1 stating that Smt S.Rokhiya Banu is the wife of the deceased Late S.Usman. When two wives of a deceased Muslim person one alive both of them are entitled to succeed the estate of the deceased. There is negligence on the part of the opposite parties in paying Rs.1,00,000/- to Smt. S.Rokhiya Banu keeping the claim of the complainant pending.
9. It is submitted by the learned counsel appearing for the complainant that Smt S.Rokhiya Banu was a minor by the date of Ex.B3 discharge voucher and that the said discharge voucher is not valid in the eye of law. The complainant filed Ex.A15 secondary school certificate of Smt. S.Rokhiya Banu. In the said certificate her date of birth is mentioned as 30-06-1994. Ex.B3 is discharge voucher dated 05-07-2011. As per Ex.A15 Smt.S.Rokhiya Banu was 17 years old by the date of Ex.B3 discharge voucher. But the opposite parties filed Ex.B1 family member certificate issued by Thasildar, Dhone where in the age of Smt S.Rokhiya Banu is mentioned as 22 years. Without recording the evidence of the concerned parties we think it is not safe to conclude that the Smt S.Rokhiya Banu was a minor by the date of Ex.B3. The complainant filed the present complaint claiming all the benefits due under the policy. As seen from Ex.A1 copy of the insurance policy it is very clear that sum assured under the basic plan is Rs.1,00,000/-, extend term cover is Rs.50,000/- and the sum assured under the accidental benefits is Rs.1,00,000/-. Admittedly the term of the policy is not extended in this case. The opposite parties paid the sum assured amount of Rs.1,00,000/- to Smt S.Rokhiya Banu. No amount was paid to Smt S.Rokhiya Banu towards accidental risk. Admittedly the deceased died in motor road accident. The opposite parties did not obtain valid discharge voucher from the complainant who is one of the wives of the deceased. The opposite parties acted negligently and paid the amount of Rs.1,00,000/- to Smt S.Rokhiya Banu without settling the claim of the complainant. There is negligence on the part of the opposite parties. As an amount of Rs.1,00,000/- was already paid to Smt S.Rokhiya Banu, we think it is just and proper to direct the opposite parties to pay balance amount under the policy to the complainant.
10. In the result the complaint is partly allowed directing the opposite parties jointly and severally to pay all the benefits under the policy except an amount of Rs.1,00,000/- already paid to Smt. S.Rokhiya Banu to the complainant within month from the date of order.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 27th day of March, 2012.
Sd/- Sd/- Sd/-
MALE MEMBER PRESIDENT LADY MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite parties : Nill
List of exhibits marked for the complainant:-
Ex.A1 Photo copy of Policy No.654123896.
Ex.A2 Photo copy of F.I.R. in Crime No.109/2009
Panyam P.S. dated 12-08-2009.
Ex.A3 Photo copy of Postmortem Certificate dated 13-08-2009.
Ex.A4 Photo copy of Inquest Report along with Statement of
S.Subhan dated 12-08-2009.
Ex.A5 Office copy of Legal Notice dated18-05-2010 along with
Postal Acknowledgement.
Ex.A6 Photo copy of Death Certificate issued by Registrar of
Births & Deaths Nandyal Municipality, Nandyal
dated 15-09-2009.
Ex.A7 Photo copy of Death Certificate issued by Commissioner,
Dhone Municipality dated 23-09-2009.
Ex.A8 Photo copy of Family Members Certificate issued by
Tahsildar, Dhone Mandal dated 11-02-2010.
Ex.A9 Marriage Weeding Card of Complainant dated 11-11-2008.
Ex.A10 Photo copy of Check Slip dated 12-07-2011.
Ex.A11 Photo copy of Application Form for Admission to Degree
Course of Shaik Rokhiya Banu dated 19-12-2011.
Ex.A12 Photo copy of Intermediate Memorandum of Marks
dated 28-04-2011.
Ex.A13 Photo copy of Transfer Certificate of S.Rokhiya Banu.
Ex.A14 Photo copy of Study cum Conduct & Character Certificate
issued by Hajirah Jr.College for Girls, Kurnool
dated 08-06-2011.
Ex.A15 Photo copy of Secondary School Certificate of S.Rokhiya
Banu dated 27-05-2009.
Ex.A16 Photo copy of Transfer Certificate of S.Rokhiya Banu
dated 04-08-2001.
Ex.A17 Photo copy of Study Certificate of S.Rokhiya Banu
dated 12-07-2011.
Ex.A18 Photo copy of Conduct Certificate of S.Rokhiya Banu.
Ex.A19 Photo copy of General Register of Admission and
Withdrawal issued by K.V.R. Government College for
Women, Kurnool.
List of exhibits marked for the opposite parties:-
Ex.B1 Family Members Certificate issued by Tahsildar, Dhone
Mandal, dated 24-03-2011.
Ex.B2 Affidavit of S.Rokhiya Banu attested by the notary
dated 29-03-2011.
Ex.B3 Discharge Voucher Form No.3801 executed by the
S.Rokhiya Banu dated 05-07-2011.
Ex.B4 Claim Payment Voucher No.D/20112012/000129
dated 11-07-2011.
Sd/- Sd/- Sd/-
MALE MEMBER PRESIDENT LADY MEMBER
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties :
Copy was made ready on :
Copy was dispatched on :
