IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.A.T.Munnoli<br /> B.A., L.L.B (Spl.) - President <br /> <br /> 2. Smt.Y.V.Uma Shenoi<br /> M.Sc., B.Ed., - Member<br /> 3. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> CC 355/09 DATED 12.11.2009<br /> ORDER<br /> <br /> Complainant Anusha, S/o Mahadevaiah,<br /> Hunnanadoddy Village, Maddur Taluk, Mandya District,<br /> Rep. by her natural guardian Mahadevaiah, S/o Late Madaiah, <br /> <br /> (By Sri. H.S.Sanjaya and A.P.Ramesha, Advocates)<br /> <br /> Vs. <br /> Opposite Party Divisional Manager,<br /> National Insurance Company Ltd., Direct Agents Branch, No.371/A, 3rd Floor, Ramaswamy Circle, Mysore-24.<br /> <br /> (By Sri. B.N.Shashidhara, Advocate)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 16.09.2009<br /> Date of appearance of O.P. : 14.10.2009<br /> Date of order : 12.11.2009<br /> Duration of Proceeding : 1 MONTH 2 DAYS<br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> MEMBER<br /> <br /> <br /> Sri. A.T.Munnoli,<br /> President<br /> <br /> 1. The complainant has filed the complaint under section 12 of the Consumer Protection Act, seeking a direction to the opposite party to pay policy amount of Rs.1,00,000/- to the complainant with interest at the rate of 24% p.a. along with cost of the proceedings.<br /> 2. In the complaint, it is alleged that, grand father of the complainant by name Madaiah S/o Dodda Madaiah was Janatha Personal Accident Insurance Policy holder. It’s No. 602405/47/07/960000016. The complainant grant daughter is the nominee. Policy amount is Rs.1,00,000/-. Policy was for a period of five years from 13.04.2007 to 12.04.2012. On 19.04.2007 at 4.30 pm, the policy holder was riding his bicycle on K.M.Doddi-Maddhur Main Road. A car KA-11-7232 dashed to the policy holder. He sustained injuries and succumbed to the same on 24.04.2007. The complainant approached the opposite party for payment of the policy amount. But, the opposite party has not settled the claim. Hence, it is prayed to allow the complaint. <br /> 3. In the version, the opposite party has contended that, name of the insured is mentioned as Madaiah S/o Dodda Madaiah, whereas in the P.M. report, the name of the insured is mentioned as Madaiah S/o late Madaiah. In the death certificate, the name of the father is not mentioned. In the ration card, name of the complainant is not mentioned. There was lot of confusion regarding identity of the policy holder and the relationship of the complainant. However, it is stated that, the opposite party is ready to settle the claim provided satisfactory documents are produced. On these grounds, it is prayed to dismiss the complaint. <br /> 4. To prove the facts alleged in the complaint, the minor guardian of the complainant has filed his affidavit and has produced certain documents. On the other hand, the Branch Manager of the opposite party has filed his affidavit. For the complainant, written arguments are filed. Also, we have heard both the learned advocates for the complainant and opposite party and perused the records. <br /> 5. Now the points arises for consideration are as under:-<br /> 1. Whether the complainant has proved the deficiency in service on the part of the opposite party and that he is entitled to the reliefs sought?<br /> 2. What order?<br /> 6. Our findings are as under:-<br /> Point no.1 : Partly in the Affirmative.<br /> Point no.2 : As per the order.<br /> <br /> REASONS<br /> <br /> 7. Point no. 1:- Only dispute between the parties is identity of the deceased policy holder and the relationship of the complainant with the policy holder.<br /> 8. It is admitted that, one Mr.Madaiah S/o Dodda Madaiah was the insurance policy holder. Copy of the certificate of the insurance is on record. For the complainant, copy of the FIR is produced. Wherein, the name of the father of the deceased Madaiah is mentioned as Chikka Madaiah. In the P.M. report, the name is mentioned as Madaiah S/o late Madaiah. In the death certificate, name of the father of Madaiah is left blank. Considering these documents, it is true, there is some discrepancy in the name of the deceased. But, the fact remains that, particular person is dead in motor accident. Death of the person in the accident is not denied or disputed by the opposite party.<br /> 9. As regards, relationship of the complainant with the deceased, the complainant has produced copy of the ration card, wherein, as contended by the opposite party, name of the complainant Anusha is not mentioned. In this regard, learned advocate for the complainant submitted that, at the time of issuance of the ration card, complainant was not born. Even though to substantiate this submission no cogent evidence is produced by the complainant, the father of the complainant is the guardian of the minor complainant and his statement in the affidavit, under the circumstances, cannot be brushed aside. <br /> 10. Considering the facts, if the interest of the opposite party insurance company is protected in case of any other genuine claim, it will meet the ends of justice. In view of the fact that the complainant is minor, directing the opposite party to deposit the said amount through this Forum in the name of the complainant, till she attains majority, is just and proper.<br /> 11. Accordingly, finding on the point is partly in affirmative. <br /> 12. Point No. 2:- Considering the discussion made above and conclusion arrived at, we pass the following order:- <br /> ORDER<br /> <br /> 1. The Complaint is partly allowed.<br /> 2. The opposite party is hereby directed to pay the policy amount of Rs.1,00,000/- to the complainant with interest at the rate of 12% p.a. from the date of this order, within a month and said amount shall kept in Fixed Deposit in any Nationalized Bank in the name of the complainant, till she attains majority.<br /> 3. Further, the opposite party is directed to pay cost of Rs.2,000/- to the complainant.<br /> 4. Give a copy of this order to each party according to Rules.<br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open Forum on this the day 12th November 2009)<br /> <br /> <br /> <br /> <br /> <br /> (A.T.Munnoli) <br /> President <br /> <br /> <br /> <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br /> <br /> <br /> (Shivakumar.J.)<br /> Member<br /> <br />