Presented by Miss B.L.Dora, Member. <br /> In this case Abdul Reheman, the husband of the Complainant had insured his name in an Insurance Policy called “Janata Accident Insurance Policy” from the Opposite Party No.2 (two)through agent at Bargarh which covered accident risks & unfortunately died in an accident near Bhatli Chowk, N.H.-6 (six) Bargarh on Dt. 19/10/2007. The Opposite Party No.1(one) had issued an Insurance Policy Certificate at National Insurance Company Limited vide Policy No.100300/47/01/9600022/02/96/30406, period cover from the policy is from Dt. 01/03/2003 to Dt. 28/02/2018. The Complainant is the Nominee of the said policy. Soon after the accident, the Inspector-In-Charge, Bargarh Police Station had registered Bargarh P.S. Case No. 364 Dt. 19/10/2007 under section 279/304(A) of I.P.C. & it further corresponded to G.R. Case No. 748/07. The police made inquest over the dead body and postmortem examination was conducted over the dead body at District Head quarter Hospital, Bargarh.<br /> <br /> The Complainant was not aware about the said policy & on Dt. 01/05/2008 while searching for her voter identity card, she could notice the policy paper & consulted her advocate about this. <br /> <br /> On Dt.21/05/2008 the Opposite Party No. 1(one) had send a letter to the complainant along with a blank claim Form which was duly filled up & sent by her to the Opposite Party No. 1(one) with all required documents on Dt. 24/07/2008 through Registered Post with A.D.<br /> This letter with documents was received by the Opposite Party No.1(one) on Dt. 24/07/2008. On Dt.02/08/2008 the Opposite Party No.1(one) had sent a letter with acknowledged receipt of the documents & claim form to the complainant in which it has been appeared that the documents have been duly sent to Opposite Party No.2(two) for processing of the claim.<br /> <br /> In spite of receiving of all the required documents and repeated request by the Complainant the claim was not settled by the Opposite Parties is amounts to deficiency of service.<br /> <br /> Due to this negligent act of the Opposite Parties the complainant is suffering from mental agony, harassment with her minor daughter & prays that, the Opposite Parties are directed to settle the claim in favour of her & pay the claim amount of Rs. 1,00,000/-(Rupees one lac)only within a period of fifteen days and to reimburse the same with pendentilite & future interest as per the direction of the Forum with Rs. 50,000/-(Rupees fifty thousand)only for mental agony & Rs. 10,000/-(Rupees ten thousand)only for litigation expenses.<br /> <br /> In support of his case, the complainant has relies on the:-<br /> (1) Attested xerox copy of the Policy Certificate,<br /> (2) Attested xerox copy of death certificate of Abdul Reheman,<br /> (3) Attested xerox copy of F.I.R., P.M. Report & Final Form in G.R. Case No.748/2007,<br /> (4) Xerox copy of letter dated 09/05/2008, dated 24/07/2008,<br /> (5) Xerox copy of letters of Opposite Parties to Complainant dated 21/05/2008 & dated 02/08 2008.<br /> <br /> Heard on the case & perused the documents, the Opposite Party No.1(one) has appeared & filed version along with documents. After receiving of summon also the Opposite Party No.2(two) has not appeared & is set ex-parte in this case. In his version, the Opposite Party No.1(one) has admitted the facts in the complaint petition & disputed with some that, the sole authority to settle the insurance claim is Opposite Party No.2(two). On the other hand the opposite Party No.1(one) has also admitted that, the duly completed claim form for the accidental death of Abdul Reheman with all supporting documents have been submitted to Golden Multi Services Club of G.T.F.S. & after proper verification the Opposite Party No.1(one) has furnished the said documents to National Insurance Company i.e. Opposite Party No.2(two) with a request for early settlement of the claim. But the Opposite Party No.2(two) has not settled the claim is amounts to deficiency of service on his part towards the consumer.<br /> <br /> The Opposite party No.1(one) is the via-media channel who collects the premium from the members on behalf of the Opposite party No.2(two). So the Opposite Party No.1(one)can not escape from his liability to take active part in settlement of the claim. Due to this non-settlement of claim & negligence in duty by the Opposite Parties, the complainant is passing her days with mental agony & harassment. This act of the Opposite Parties made her bound to live in miserable condition & face financial difficulties with her minor school going daughter.<br /> Hence the complain petition is allowed.<br /> -: O R D E R :-<br /> The Opposite Parties are jointly & severally directed to settle the claim in favour of the Complainant & pay the claim amount of Rs.1,00,000/-(Rupees one lac)only with a interest of 9% (nine percent) from the date of filing of the case i. e. Dt. 01/10/2008 to till the date of Order. The Opposite Parties are further directed to pay Rs.4,000/-(Rupees four thousand)only as compensation for mental agony & litigation expenses within thirty days from the date of the order, failing which the total amount awarded shall carry 18%(eighteen percent) interest per annum till realization.<br /> The Case is disposed of. <br />