D.o.F:18/9/06<br /> D.o.O:5/9/06<br /> IN THE CONSUMER DISPUTES REDRESSAL FORUM KASARAGOD<br /> CC.No.NO.107/06 <br /> Dated this, the 5th day of September 2008<br /> PRESENT;<br /> SRI.K.T.SIDHIQ ; PRESIDENT<br /> SMT.P.RAMADEVI : MEMBER<br /> SMT.P.P.SHYMALADEVI : MEMBER<br /> <br /> <br /> M.Janaki,<br /> W/o Late Kottan,<br /> Rajeev Nilayam, ; complainant<br /> Elambachi.Po,<br /> South Trikarpur,Kasaragod. <br /> <br /> <br /> 1. Managing Director,<br /> The Mathruhumi Printing$Publishing Co.Ltd, <br /> M.J.Krishnamohan Memorial Building,<br /> K.P.Kesava Menon road,<br /> Kozhikode. ;Opposite parties<br /> 2. The Regional Manager,<br /> United India Insurance Co.Ltd,<br /> Reginal Ofice, sharanya,<br /> Hospital Road,Ernakulam.<br /> <br /> ORDER.<br /> <br /> SRI.K.T.SIDHIQ: PRESIDENT:<br /> <br /> The question requires consideration in this complaint is whether the death of insured Kottan was a death due to accident or suicide?<br /> The facts leading to this case are that, one Kottan who was an insured under Mathrubhumi Family Insurance scheme died on 26/11/04 in a train accident. As per the certificate of insurance No.E.192568 issued by the Mathrubhumi Printing and Publishing Co.Ltd his legal heirs are entitled for a sum of Rs.1,00,000/- in case of death of insured by accident. The Chandera Police has registered a crime as No.359/04 for accidental death. Eventhough claim for insurance benefits was submitted by the son of the complainant Narayanan before opposite party No.1, they expressed their inability to pay the insured amount on the ground that the 2nd opposite party United India Insurance Co.Ltd has refused to settle the claim for the reason that the death of Kottan was a suicide. According to the complainant Janaki the wife and nominee of the deceased Kottan , the cause of death of Kottan was not suicide but was an accident. Hence the repudiation of claim amounts to deficiency in service. Therefore the complaint claiming insurance benefits as per the insurance policy along with costs. <br /> 2. In response to the notices issued, opposite parties entered appearance and filed their versions. They content that the death of insured was not an accidental death and Kottan was committed suicide. Hence the assignee of the insured is not entitled to get the insurance benefits as per the policy and therefore opposite party No.2 rejected the claim of Janaki. Therefore, there is no deficiency in service on the part of opposite parties.<br /> 3. On the side of complainant, K.V.Ambu was examined as PW1 and Exts.A1 to A5 marked. DW1, a special investigator was examined on the side of United India Insurance Co.Ltd and Exts.B1 to B3 marked. Both sides were heard in detail and the documents perused carefully.<br /> 4. Ext.A1 is the copy of rejection letter issued by United India Insurance Co. ltd to the Marketing Manager(circulation) Mathrubhumi Printing & Publishing Co.Ltd stating that the claim of the insured of Kottan is not payable since the person has committed suicide. Ext.A2 is a letter dtd.3/5/2006 issued by the Deputy General Manger circulation of Mathrubhumi Printing and Publishing Co.Ltd to Mr. M. Narayanan, the son of the deceased insured Kottan, who submitted the insurance claim stating that the United India Insurance Co, Ltd Kochi has expressed their inability to settle the claim for the reason that Mr.Kottan committed suicide. Ext.A3 is the copy of FIR lodged by PW1 before the Chandera Police station in respect of the death of the insured Kottan. Ext.A4 is the copy of postmortem certificate of deceased Kottan and Ext.A5 is the copy of Final report filed by Sub Inspector of Chandera Police before the Sub Divisional Magistrate, Kanhangad in respect of the cause of death of deceased Kottan.<br /> 4. The point to be considered is whether the insured Kottan died in an accident or was it a suicide?<br /> 5. PW1, Ambu who lodged FIR before the Chandera Police Station, testified that the death of Kottan was due to an accident by hitting the train and the place of death was a pathway across the railway line. He denied the allegations that Kottan left home two days back prior to the incident. He also denied the suggestion that deceased Kottan was a drunkard. PW1 further denied the suggestion that Kottan committed suicide after quarrelling with his wife and children.<br /> 6. The United India Insurance Co. produced Exts. B1 to B3. Ext.B1 is the copy of the agreement executed between Mathrubhumi Printing & Publishing Co.Ltd and United India Insurance Co.Ltd. in respect of Janata Personal Accident Policy. Ext.B2 is the investigation report submitted by one K.V.Kunhiraman Nair, an investigator appointed by United India Insurance Co. to the cause of death of Kottan. Ext.B3 is the copy of policy issued by United India Insurance Co.Ltd to Mathrubhumi Printng & Publishing Co.Ltd.<br /> 7. In Ext.B2 investigation report , the investigator opined that the death of Kottan was due to deliberate attempt of suicide and not an accidental one. But the Chandera police submitted their final report concluding that the death of Kottan was an accidental one. So whether the report submitted by investigator has got any overriding effect over the report submitted by the state investigating agency ie, police is the question to be answered primarily. In this regard the counsel for the complainant placed reliance on the ruling reported in 1997(1)KLJ 369 rendered by Hon’ble High Court of Kerala. In the said decision it is held:<br /> The courts have treated certified copies of the FIR as public documents and thereby not requiring formal proof in regard thereto. Once the FIR is a public document, tender of a certified copy thereof satisfied the test of proof in regard thereto and what is more important in the context is that the concerned satisfaction is with regard to the contents thereof in view of the provisions of section 77 of the Evidence Act, Reference to the statutory provisions of Sec.80 would show that the presumption is referable to the document being genuine, to any statement in regard thereto having been made by the person signing it to be true and further that such a statement has been duly taken and recorded by the officer in charge of the police station. ….. <br /> This being the position we do not find any reason to disbelieve the FIR and also the final report submitted by the Chandera police station. Therefore it can be safely concluded that the death of Kottan was an accidental one and not a suicide.<br /> 8. Reliefs and costs;<br /> As per the Janatha Personal Accidental policy ie, Ext.B3 in the event of death of an insured the United India Insurance Co. shall pay to the assignee of the insured the capital sum ie. Rs.1,00,000/-. The United India Insurance Co. is liable to pay the said sum to Janaki. From the available evidence submitted, it is proved that the death of Kottan was not a suicide but was an accidental one and the rejection of the insurance claim of his assignees on the part of opposite parties amounts to deficiency in service.<br /> <br /> Therefore, we allow the complaint and direct the United India Insurance Co.Ltd to pay a sum of Rs.1,00,000/- to Janaki with interest @9% per annum from the date of complaint towards the accidental benefits arising out of the Janatha Personal accidental policy issued to Mathrubhoomi Printing & Publishing Ltd. The Mathrubhumi Printing & Publishing Co. Ltd is exonerated from the liabilities. However, the Mathrubhumi Printing & Publishing Co.Ltd shall pay a sum of Rs.2,000/- to Janaki towards the cost of this proceedings. Time for compliance is 30 days from the date of receipt of copy of the order.<br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> Exts:<br /> A1- Copy of rejection letter issued by OP.2 to OP.1<br /> A2-dt.3/5/06-letter issued by OP.2 <br /> A3-Copy of FIR<br /> A4-Copy of Postmortem certificate<br /> A5-Copy of final report filed by S.I. of police,Chandera.<br /> B1-Copy of agreement between Ops<br /> B2- Investigation report<br /> B3-Copy of the policy issued by OP.2 to OP.1.<br /> PW1-K.V.Ambu-witness of complainant<br /> DW1- K.V.Kunhiraman Nair, Special Investigator of OP.2 <br /> <br /> <br /> MEMBER MEMBER PRESIDENT <br /> eva/ <br />