Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 11.12.2015
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to release the Insured amount of Rs. 2,00,000/- ( Rs. Two Lacs only ).
- Brief facts of the case which led to the filing of complaint are as follows:-
The complainant Mostt. Kiran Devi is the wife of Late Gopal Krishna Verma and nominee in Insurance policy ( Annexure – 2 ).
The complainant has asserted that her husband Sri Gopal Krishna Verma was murdered by some miscreant on 24.08.2003. Thereafter FIR was registered and after investigation police has submitted charge sheet stating the occurrence is true but clueless. The husband of the complainant was a policy holder of National Insurance Co. Ltd. being Janta Personal Accident Insurance Policy. The aforesaid policy document has been annexed by the complainant as Annexure – 2. It further transpires that the complainant submitted all the relevant documents with claim form to opposite party no. 2 and opposite party no. 3 which was received by the authority of GTFS on 22.10.2003 as will appear from Annexure – 1. Annexure – 3 is death certificated of Sri Gopal Krishna Verma issued by authority of the Patna Municipal Corporation. It further appears that when the claim of the complainant was processed by opposite party no. 1.Then complainant has given legal notices to opposite party no. 2 and 3 and legal notices have been annexed as Annexure – 4 and 6. On behalf of GTFS opposite party no. 2 and 3 a written statement has been filed. In Para – 3,4,5 and 6 of this written statement the opposite party no. 2 has supported the case of the complainant. From perusal of Para – 7 of the written statement filed by opposite party no. 2 and 3it appears that they have sent the entire documents after verification to opposite party no. 1 on 30.07.2004. The letter through which the claim form and other necessary documents have been sent is mark as Annexure – C of the written statement of opposite party no. 2 and 3 (GTFS ).
From perusal of the Annexure –C it transpires that it contains list of a documents which were sent through this letter ( Annexure – C ) to the opposite party no. 1. On behalf of opposite party no. 1 a written statement has been filed. In Para – 4 of this written statement the following facts have been asserted which is hereunder :
“ That under the circumstances it is humbly submitted that no claim s payable if any, as the said death of the policy holder Gopal Krishna Verma by murder is not covered by the said policy ( Janta Personal Accident Insurance policy ) and its terms and conditions.”
It goes without saying that only claim of the complainant has been rejected by opposite party no. 1 on the ground that he was murdered and he has not died in accident. The other assertion of complainant and opposite party no. 2 and 3 has not been denied.
The learned counsel for the opposite party no. 1 has submitted that as the complainant’s husband has died due to murder and not due to accident hence the complainant is entitled to receive claim amount as it was accident policy.
The learned counsel for the opposite party no. 2 and 3 have fully supported the case of the complainant and submitted that the complainant is entitled to receive the claim amount.
In the fact and circumstances of the case. The learned counsel for the complainant has also submitted that ground on which the claim of the complainant has been rejected is not tenable under the Law.
We have heard the submissions of the learned counsel for the parties at length.
From careful perusal of the document such as FIR it is crystal clear that there is no fact on record to show that the claimants husband was murdered due to enmity because after investigation the police has submitted charge sheet stating therein that the occurrence is true but clueless.
It goes without saying that on the spot of murder two dead bodies were found, the other dead body was of a woman.
It is needless to say that if a murder takes place without any enmity or provocation then it comes under the category of accident.
It is needless to say that the purpose of Insurance is to safe guard common people from any bad / mis - happening for want of any fault of the person concerned. No purpose will serve in repeating the same fact again and again.
For the discussion made above we find and hold that by not extending the benefit of policy ( Annexur e- 2 ) the opposite party no. 1 has committed deficiency.
In view of the facts stated above we direct the opposite party no. 1 to pay Rs. 2,00,000/- ( Rs. Two Lacs only ) to the complainant which is amount of Insurance certificate ( Annexure – 2 ) within the period of three months from the date of receipt of this order or certified copy of this order failing which the opposite party no. 1 will have to pay an interest @ 12% per annum on the Insured amount.
The opposite party no. 1 is further directed to pay Rs. 25,000/- ( Rs. Twenty Five Thousand only ) to the complainant by way of compensation and litigation costs within the aforesaid period of three months.
Accordingly, this case stands allowed to the extent indicated above.
Member President
