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 354/09 DATED 12.11.2009<br /> ORDER<br /> <br /> Complainant Chinnanna S/o Late Chinnappa<br /> Jagate G.Doddi Village,<br /> Sathegala Post, Kollegala Taluk,<br /> Chamarajanagara District.<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.50,000/- to the complainant with interest at the rate of 24% p.a. along with cost of the proceedings.<br /> 2. It is alleged in the complaint that, son of the complainant C.Murugan @ Subramani had Janatha Personal Accident Insurance Policy with the opposite party bearing No.602405/47/04/9600347. The complainant is the nominee. Policy amount is Rs.50,000/-. It was for a period of five years from 20.10.2004 to 19.10.2009. On 05.06.2006 at 6.00 pm, the policy holder Sri Murugan @ Subramani died while working in a mine at Kempanahalli village in Ramanagar Taluk. That fact was brought to the notice of the opposite party along with necessary documents. The complainant approached the opposite party many times and requested to pay the policy amount. The opposite party rejected the claim of the complainant, only on the ground that, in the policy name of the deceased is shown as C.Murugan and not Subramani. It is stated that, to substantiate the fact that, C.Murugan was also called as Subramani. several documents are produced. On these grounds, it is prayed to allow the complaint.<br /> 3. In the version, the opposite party has stated that, the name of the policy holder is C.Murugan and not C.Murugan @ Subramani. In the police report, name of the deceased is mentioned only as Subramani. It is stated that, there was confusion regarding name of the policy holder and the complainant did not provide satisfactory documents. However, it is stated that, the opposite party is ready to settle the claim of the complainant provided satisfactory documents in order to avoid future possible claim by anybody. Hence, it is prayed to dismiss the complaint.<br /> 4. To substantiate the claim made in the complaint, the complainant has produced certain documents and has filed his affidavit. 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:- Without repeating the facts noted here before, the only dispute between the parties is, name of the policy holder the deceased. It is true, in the policy, the name is mentioned as C.Murugan. It is the claim of the complainant that, his son C.Murugan was also called by name Subramani. In this regard, copy of the charge sheet submitted by the police to J.M.F.C. Ramangar, inquest report, certificate of death, claim petition of the complainant, certificate issued by the Public Prosecutor as well as Sub-Inspector of Police and also an affidavit are produced. We do consider that, in the insurance policy, name of the deceased is mentioned as C.Murugan. In the other documents, the name is mentioned is Murugan @ Subramani. However, considering the claim of the father of the deceased and other facts and material, prima-facie it is made out by the complainant that, his son C.Murugan was also called as Subramani, who died in the mining work.<br /> 8. During the course of arguments, learned advocate for the opposite party fairly submitted that, if the Forum orders for payment of the policy amount to the complainant, the opposite party is ready. But, further submission is made that, there are some fake claims and in such a case, the opposite party would be put to loss etc., Considering the entire facts, we feel it just to directing the complainant to indemnify the opposite party in case of any other genuine claim by executing indemnity bond for the policy amount with a surety, which will meet the ends of justice.<br /> 9. With this observation, our finding is partly in affirmative. <br /> 10. 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.50,000/- to the complainant, who is the nominee of the deceased C.Murugan @ Subramani with interest at the rate of 12% p.a. from the date of this order, within 30 days.<br /> 3. While receiving the amount, the complainant shall execute indemnity bond with a surety undertaking to indemnify the opposite party to the extent of the amount received in case any other genuine claim is made.<br /> 4. Further, the opposite party is directed to pay cost of Rs.2,000/- to the complainant.<br /> 5. Give a copy of this order to each party according to Rules.<br /> <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 />