IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

MURSHIDABAD AT BERHAMPORE.
CASE No.  CC/179/2014.

Date of Filing:    23.12.2014.                                                                                                                           Date of Final Order:18.04.2016.
 
Complainant:    1. Aslam Sk.(Minor), 2. Samim Sk(Minor), Both S/O Late Md. Alam Box
        3. Rejina Bibi ( Also, mother & guardian  of Minor Complainants Nos. 1 & 2).
   W/O Late Md. Alam Box. Vill. Tantipara, P.O. Sujapur, P.S. Beldanga,Murshidabad.     
Vs
Opposite Party:1. Manager, L.I.C.I, Berhampore Branch, K. N. Road, P.O.&P.S. Berhampore,
            Dist. Murshidabad. Pin 72101.
        2. Afrose Bewa, W/o Late MofejuddinSk, Vill. Sujapur, Kumarpur, P.O. Sujapur,
             P.S. Beldanga, Dist. Murshidabad.
        3.  Resmina Bibi, W/O Lalchand Sk. Vill& P.O. Dhuapara, P.S. Tehetta, Dist. Nadia.
        

 Present:        Sri Anupam Bhattacharyya   ………………….President.                       
Sri Samaresh Kumar Mitra ……………………..Member.
             Smt. Pranati Ali ……….……………….……………. Member
 
FINAL ORDER
Sri Anupam Bhattacharyya, Presiding Member.

The instant complaint has been filed by the complainant u/s 12 of C.P.Act, 1986 praying for payment of the share of complainant No. 1 out of Insurance Claim of Rs.2 lacs and compensation of Rs.1 lac.
The complainant's case, in brief, is that Md. Alam Bux , husband of complainant No.3 got LIC Policy on 15.7.2002 bearing policy No. 423271275 of sum assured Rs.1 lac and accidental death claim is Rs.2 lacs who died on 11.2.2008 by road accident leaving behind the minor sons (complainant Nos. 1 & 2) and wife i.e complainant No.3 and father Mafejuddin Sk who died leaving behind OP No.2 & 3 as his legal heirs. All the complainants and Op No.2 & 3 are the legal heirs of the impugned Insurance Policy. The Op No.2 mother of the deceased policy holder being nominee of the impugned policy while tried to grab the entire policy amount on accidental death, the complainant filed T.S. No. 112/2008 other Suit before the Ld. Civil Judge(Jr. Division), 1st court, Berhampore against the OP No.1 LICI and OpNo.2 mother-nominee. On 26.3.12 the ld. court passed order directing OP No.2-LICI Company to make payment to the complaints according to Mohamadan Law. In spite of knowledge of L. Court's order the Op No.1 denied the claim of the complainants on the demand appearing before its office. Therefore, the complaints submitted on 26.2.14 the claim form along with relevant documents including judgment and decree. In spite of repeated attention the Op no.1 did not pay any heed for payment. Therefore, the complaints have file this complaint. Hence, the instant complaint.
The written version filed by the OP-LICI , in brief, is that the ld. Civil Judge(Junior Division) 1st Court at Berhampore dismissed the suit against his OP No.1 and no specific order has been passed against this Op No.1 in O.S. case No. 112/2008 for payment. The complainant must produce succession certificate regarding their claim before the OP No.1 and this OP No.1 many a times requested the complainant to produce succession certificate but the complainant with an ulterior motive filed this complaint against this OP No.1 which is liable to be dismissed with cost. Hence, the instant written version.
Considering the pleadings of both parties the following points have been raised for the disposal of the case.
Points for decision.
1.    Whether the case is maintainable in its present form?
2.    Whether the complainant has cause of action or locus standi to file the present case?
3.    Whether the case is barred by principle of waiver, estoppels and acquiescence?
4.    Whether the case is barred by law of limitation?
5.    Whether the complainants are entitled to get the relief as prayed for?
6.    To what other relief/reliefs the complainants are entitled to get?
Decision with Reasons.
    Point Nos. 1 to 6.
All the points are taken up together for the sake of convenience.
The instant complaint case is praying for payment of insurance claim from the OP-LICI.
    The complainant's case is that Md. Alam Bux , husband of complainant No.3 got LIC Policy on 15.7.2002 bearing policy No. 423271275 of sum assured Rs.1 lac and accidental death claim is Rs.2 lacs who died on 11.2.2008 by road accident leaving behind the minor sons (complainant Nos. 1 & 2) and wife i.e complainant No.3 and father Mafejuddin Sk who died leaving behind OP No.2 & 3 as his legal heirs. All the complainants and Op No.2 & 3 are the legal heirs of the impugned Insurance Policy. The Op No.2 mother of the deceased policy holder being nominee of the impugned policy while tried to grab the entire policy amount on accidental death, the complainant filed T.S. No. 112/2008 other Suit before the Ld. Civil Judge(Jr. Division), 1st court , Berhampore against the OP No.1 LICI and OpNo.2 mother-nominee. On 26.3.12 the ld. court passed order directing OP No.2-LICI Company to make payment to the complaints according to Mohamadan Law. In spite of knowledge of L. Court's order the Op No.1 denied the claim of the complaints on the demand appearing before its office. Therefore, the complainants submitted on 26.2.14 the claim form along with relevant documents including judgment and decree.
    On the other hand the OP's case is that that the ld. Civil Judge (Junior Division) 1st Court at Berhampore dismissed the suit against his OP No.1 and no specific order has been passed against this Op No.1 in O.S. case No. 112/2008.   The complainant must produce succession certificate regarding their claim before the OP No.1 and this OP No.1 many a times requested the complaint to produce succession certificate but the complainant with an ulterior motive filed this complaint against this OP No.1 which is liable to be dismissed with cost.
To prove the case the complainants have adduced evidence on affidavit and relevant documents in support of their case namely judgment /decree of Ld. Civil Court dt. 26.2.2014, original policy-bond, legal heir ship certificate, disposal certificate, FIR coy, PM report, claim form and other documents.
On the other hand the OP No.1 Insurance Company has not adduced any evidence rebutting the evidence adduced by the complainants. The OP No.1 Insurance Company has filed written argument.
During the hearing of argument the ld. lawyer for the OP-LICI has advanced argument strongly raising objection without obtaining Succession Certificate this forum cannot pass any order against the OP-LICI for payment.
He has also advanced argument that in the Civil Suit relating to this Insurance Policy, there is no specific order against OP-LICI for making payment to the complainant and other claimants, there is order declaring that plaintiffs are entitled to inherit the suit property to their share as per their Law of Succession/Inheritance.
He has further referred to a reported decision in III(2015)C:U-55(Manipur) in the case State Co-Operative Bank Vs.-Joy Kabir in  support of his argument for payment on the basis of Succession certificate.
The fact of the case of the aforesaid reported decision is that certain share have been purchased by the late father of the Respondent through a G.P. Level Co-operative Society which is one of the constituent members of the Manipur State Co-operative Bank. After expiry of the late shareholder, being the son and legal heir, the Respondent/Complainant submitted an application to the Appellant Bank for refund of the share amounting to Rs.6, 600/- There is no dispute as far as the amount of share is concerned. The only discernable objection raised by the Appellant Bank is that the Respondent was not made a nominee by the deceased shareholder; therefore, they could not release the share amount in his favour. District Forumby an order dated 22.1.2009 directing the Appellant to refund the share of Rs.6, 660 to the Respondent, payment of compensation of         Rs.20, 000/- for mental agony, harassment, etc and also for payment of litigation cost of Rs.2000.
In para-4 of the said reported decision it has been observed that as to how the complaint was disposed of by directing the Appellant to refund the share amount to the Respondent without ascertaining as to whether the Respondent was the only eligible legal heir of the late shareholder whereas law provides that such claim can be accepted as lawful only on production of a Succession Certificate from the Jurisdictional District Judge and directed respondent to obtain a Succession Certificate to show and prove that he is the only rightful and eligible heir to claim the refund of share amount and at the end of this paragraph further direction was that if the succession certificate as ordered above cannot be produced by the Respondent for any reason, the Respondent or any other legal heir shall be at liberty to approach the District Forum again with a fresh claim but the amount of the claim shall not exceed the amount indicated above. Further, it is made clear that the refund and other payment, as ordered above, may be made either through the G.P. Level Co-operative Society through which the late shareholder purchased the share or to the rightful claimant directly.
From the above reported decision it is clear that in that case there was no nominee and Appellate Co-operative Bank raised objection and direction for furnishing Succession Certificate was not mandatory, liberty was given for payment to the rightful claimant directly.
In this case there was nominee of the policy holder and other legal heirs filed suit claiming their share in the policy claim for the death of the policy holder and in that suit decree was passed declaring that Plaintiffs are entitled to inherit the suit property in accordance to their share as per their law of succession/inheritance.
Entitlement of the plaintiff-complainant and OP Nos. 2&3 defendants of the suit has not been denied.
During disposal of this case after disposal of the suit for declaration of share in the matter of disbursement of the Insurance Policy amount  after the death of the policy holder in a road accident , it appears from the petition dt. 22.2.16 filed by Op No.2, mother of the deceased policy holder Alam Box that Op no.3 Sk. Maijuddin husband of Op No.2 as well as father of Alam Bux that Sk. Maisuddin died recently who had 1/6th share in the death claim of the policy and the same will devolve entirely upon the OP No.2, who will in total get 1/3rd share and in the margin of the body of this plaint there is remark of "No Objection" signed by the Ld. lawyer for the complainants.
The instant complaint case has been filed for realization of policy amount on the death of policy holder due to road accident and in that claim petition the complainants filed a civil suitagainst the OP No.2, mother and father of the deceased policy holder where LICI was proforma defendant.
In that suit decree was passed on 26.03.2012 against the defendants on contest and dismissed against the proforma defendant as no relief is claimed against him.
The said decree was not challenged and as such the said decree is in force.
Admittedly, OP No.2 is mother of the deceased policy holder and that OP No.2 is the nominee of deceased policy holder.
The defendant No.2, Mofejuddin SK, of that suit was father of the policy holder who died after disposal of that suit.
Now, for death of Sk. Mofejuddin, father of the complainant, Op No.2 has filed a petition dt. 22.02.2016 praying that she is entitled to inherit his 1/6th share of her husband deceased SK. Mofejuddin and she herself is entitled to inherit 1/6th share as mother of deceased policy holder and thus, she in total is entitled to inherit 1/3rd share and remaining 2/3 rd share will be inherited by all the complainants and OP No.3.
The complainant has filed calculation sheet on 14.09.15 in respect of share of all the legal heirs of deceased Md. Alam Bum as per Mahamedan Law which has not been challenged by the OP Nos. 2 & 3 and also the share claimed by OP no.2 by the Petition dt. 22.2.2016 has not been challenged by the complainant rather the ld. lawyer for the complainant signed the petition with the remarks "No objection".
From the calculation sheet filed by the complainant on 14.09.15 it appears that the complainant No.3 Rejina Bewa, wife of deceased Mf. Alam Bux will get 1/8 th share and complaint No.1 Aslam Sk. and Complaint NO.2 Samin Sk minor sons of deceased Md. Alam Bux will get       13/60th share each and OP No.3, Resmina Khatoon, daughter of deceased Md. Alam Bux will get 13/120th share.
The break of the respective share of the complainants and Op Nos. 2 & 3 as per Mahamadan Law is given hereunder:-
The Complainant No.1            13/60th.
The complainant No.2                13/60th.
The complainant No. 3            1/8th.
The OP No.2                    1/3rd
The OP No. 3                    13/120th.

Considering the above discussions we find that there is no bar to allow the prayer of the complainant including the share of Op no.2 & 3 without Succession Certificate as the parties to this case relating to claim of share in the policy amount have agreed to the above share as per Mahamadan Law which is the decree of the Ld. Civil Court.
The complainant No.1 & 2 being the minor sons their share 13/60 + 13/60 = 26/60 =13/30 will be received by complaint No. 3 mother-guardian and she w2ill fix deposit the said amount with nationalized Bank or with Post Office till they attain majority.
The delay caused in payment of the Insurance Policy amount being for dispute between the parties by filing Civil Suit we are of view that the complaints are not entitled to get any compensation as prayed for harassment but we are of view OP No.1 is to pay interest from the date of death of the deceased Policy holder as admissible.
On the basis of above discussions we can safely conclude that all these points are disposed of in favour of the complainants in part as such all the complainants including the O.P No.2&3 will get the policy amount of Rs. 2 lacs plus interest @ 9% pa. from the date of death of policy holder being not disbursed till payment as per respective share already decided.
Hence,
                                                 Ordered
that the Consumer Complaint No. 179/14 be and the same is allowed on contest in part.
The complainants and Op No.2& 3 are entitled to get policy amount of Rs.2 lacs for death of policy holder by road accident plus interest as admissible from the date of death of policy holder till date of payment according to respective share given hereunder.

The Complainant No.1            13/60th.
The complainant No.2                13/60th.
The complainant No. 3            1/8th.
The OP No.2                    1/3rd
The OP No. 3                    13/120th.

The OP No.1 is directed to pay Rs.2 lacs plus interest as admissible from the date of death of policy holder i.e. 11.02.2008 till date of payment to all the complainants and OP No.2&3 according to the respective shares given above within 45 days failing which the OP is to pay Rs.50/- as fine for each day's delay and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.
The OP No.1 is further directed to pay the amount in respect of the share of complainants Nos. 1 & 2 , minor sons to the complainant No.3 guardian mother of the complainant Nos. 1 & 2 of her minor sons and will fix deposit the same with any nationalized bank or Post Office till they attain their majority.

Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post  to the concerned parties as per rules, for information and necessary action.

MEMBER                                           MEMBER                                        PRESIDENT