NCDRC

NCDRC

RP/4399-4400/2009

KANDULA SRIHARI RAO - Complainant(s)

Versus

M/S. NATIONAL INSURANCE CO. LTD. - Opp.Party(s)

MR. P.S. SUNDER VELU

05 Mar 2010

ORDER

Date of Filing: 10 Jun 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/4399-4400/2009
(Against the Order dated 22/04/2009 in Appeal No. 756 & 1016/2006 of the State Commission Andhra Pradesh)
1. KANDULA SRIHARI RAOR/o Nalkondapalli Village and Mandal Khamman DistrictMandal Khamman ...........Appellant(s)

Vs.
1. M/S. NATIONAL INSURANCE CO. LTD.Rep. by its Divisional Manager, The Divisional Office-I, Bank Street,KotiHyderabad ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. S.K. NAIK ,MEMBER
For the Appellant :NEMO
For the Respondent :NEMO

Dated : 05 Mar 2010
ORDER

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          The insured had obtained various insurance policies within one month on the asking of the petitioner.  The insured died within two months of the taking of the policies.  Petitioner is not the natural son of the insured, but he has obtained the Succession Certificate.  Petitioner lodged the claim with all the companies.  Respondent had appointed an Investigator to investigate the matter about the genuineness of the claim lodged by the petitioner in CD 195/1999. 

The investigator submitted his report and as per his report, it was noticed that the respondent had obtained five janata accident policies from General Insurance Company and details of some of the polices are as under:

          S.NO.

Name of the Company

Dt. Of Taking the policy

Policy Amount

1

Branch Office UTI Co. Ltd.

Khammam

10.10.97

2.00 Lakhs

2

UTI Co. Lted. DOIV Hyderabad (through office Abhaya Saving Scheme of Andhra Bankat Khammam

28.10.1997

1.00 Lach

3

Branch Office Oriental Insurance Co. Ltd. Koti, Hyderabad

14.10.1997

0.25 Lakhs

4

Branch office LIC of India, Kothagudem

28.10.1997

2.00 Lakhs

5

Divisional Office National Insurance Co. Ltd. Troop Bazar, Hyderabad

14.10.1997

5.00 Lakhs

 

The claim was repudiated by the respondent on the ground that the petitioner was not entitled to claim accidental benefit from more than one insurance company.  Aggrieved by this, petitioner filed a complaint before the District Forum which was partly allowed by the District Forum vide its order dated 24.4.2006.

Respondent insurance company filed an appeal before                  the State Commission which has reversed the order of the                District Forum holding that the petitioner could not be                              permitted  to  claim  multiple  accidental  benefits  from     different

-3-

companies in terms of the policy.   We agree with the view taken by the State Commission.  There is no substance in this revision petition.  Dismissed.  No costs.



......................JASHOK BHANPRESIDENT
......................S.K. NAIKMEMBER