Complainant Harbhajan Singh has filed the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to make the payment of the remaining insured amount qua his claim immediately in terms of the Insurance Policy alongwith interest @ 18% P.A. from the date of death of his son till actual realization. Opposite parties be further directed to pay Rs.50,000/- as compensation on account of  mental agony, physical harassment and deficiency in service alongwith Rs.3,000/- as litigation expenses, in the interest of justice.

2.        The case of the complainant in brief is that his deceased son namely Sh.Gurprit Singh was having policy no.471716339 in the year 2006 commencing from 28.10.2006. Date of maturity of the policy was 10.2016. He was insured for a sum of Rs.1,00,000/- with the opposite party and he is the nominee under the said policy being his father. Unfortunately his son died in an accident on 25.03.2007 and information of his death was duly given to the opposite parties. He had submitted claim for payment of the insured amount alongwith all vested benefits to the opposite parties but the opposite parties paid Rs.1,00,482/- only instead of making payment of the double of the insured amount alongwith all other vested benefits, as his son died in an accident. Thereafter, he had been approaching the opposite parties time and again and requesting for the payment remaining amount but all in vain. Thus, there is deficiency in service on the part of the opposite parties. Hence this complaint.

 3.        Notice of the complaint was issued to the opposite parties who appeared through their counsel and filed their written reply taking the preliminary objections that the present complaint is not within limitation according to the provisions of Consumer Protection Act and the same is liable to dismissed on this sole grounds and the complainant has not come to the Commission with clean hands. On merits, it was submitted that complainant neither provided required documents nor fulfilled the other formalities which were necessary for getting double accident benefit. A sum of Rs.1,00,482/- i.e. basic insured sum has been paid by the opposite party to the complainant in the year 2008.  All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.

4.        Ld.counsel for the complainant has tendered into evidence affidavit of complainant Ex.C-1 alongwith copies of documents Ex.C-2 to Ex.C-6 and copy of policy mark A and closed the evidence.

5.     Sh.Mohinder Pal Kalotra AO LIC Gurdaspur has tendered into evidence his own affidavit Ex.OP-1 and closed the evidence.

6.      Written arguments not filed by the parties.

7.      We have carefully gone through the pleadings of counsel for the parties; oral arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the parties for the purposes of adjudication of the present complaint.

8.       In the said case Gurpreet Singh son of Sh.Harbhajan Singh was the L.I.C. policy holder. Gurpreet Singh met with an accident on 25.03.2007 and F.I.R. No.17 dated 25.3.2007 was filed at P.S. Ghoranda District Karnal Haryana Ex.C-5. Subsequently postmortem was conducted and report placed as Ex.C-3 wherein the cause of death has been mentioned as a result of injuries sustained during accident and damage to vital organs of the body of Gurpreet Singh.

9.     From the facts placed above, the cause of death of Gurpreet Singh is accident which happened on 25.03.2007. Thus, the complaint is partly allowed. The complainant Harbhajan Singh father of deceased Gurpreet Singh is nominee against L.I.C. Policy No.471716339. Harbhajan Singh nominee is eligible to receive Double Accident Benefits as per LIC policy. Opposite party is directed to pay Double Accident Benefits against LIC Policy No.471716339 after making deductions on account of sum already paid against the said policy. Opposite party is further directed to pay interest @ 6% P.A. on Double Accident Benefits within a period of 45 days from the receipt of copy of this order from the date of occurrence of accident/death of the complainant till its realization. Opposite party is further directed to pay Rs.20,000/- as harassment and Rs.10,000/- as litigation expenses to the complainant Sh.Harbhajan Singh.

10.     The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

11.     Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.                                                                                                                                                                                                         (Naveen Puri)

                                                                                 President   

Announced:                                                           (R.S.Sukhija)

December 22, 2022                                                        Member

*MK*