This is a complaint U/s 12 of the Consumer Protection Act, 1986 with the prayer for direction upon O.P./ Insurance Company to pay of Rs.2,00,000/- as insurance claim and for compensation of Rs.50,000/- for unnecessary harassment and deficiency in service and also for Rs.5,000/- for litigation cost.

The case of the complainant in short is that the deceased son of the complainant, Late Ashoke Deb Sharma during his life time purchased a personal accident Insurance policy for Rs.2,00,000/- from the O.P/Ins. Co being No.150701/42/15/8100001200 and the same was valid from 27.02.2016 to 26.02.2017. The petitioner was the nominee of the said policy. On 10.03.2016 when the deceased Ashoke Deb Sharma was working in the garden of Bhupal Chandra Bidyapith School as a casual worker he died due to electrocution. After the tragic death of his son the complainant approached the O.P/Ins. Co. on 12.03.2016 and the O.P/Ins. Co in their turn assured the petitioner that he will get the insurance claim immediately but no fruitful result came out. Due to premature and tragic death of his son, the complainant was very much shocked and could not make any correspondence with the O.P/Ins. Co. for some time. Finally, on 01.12.2016 the complainant informed the matter through Regd. Post to the O.P/Ins. Co. but O.P/Ins.Co. paid no heed to that effect and thereby causing gross negligence and deficiency in service. Therefore petitioner comes up with the petition before this Forum with above mentioned prayer. 

O.P. appeared and contested the case by filing written version, where they categorically denied the allegations of the complainant. O.P. submitted a rather cursory and sketchy written version assailing the complaint. O.P denied the fact that the petitioner lastly requested them for claim on 01.12.2016. O.P stated that petitioner did not file certified copy of F.I.R, P.M.Report, Police investigation report or F R T, death certificate etc . O.P stated that petitioner must prove that the death was due to electrocution and no cause of action arose on 10.03.16. Therefore, O.P prays for dismissal of this case.

DECISION WITH REASONS

Petitioner has been examined as P.W.1 and one Hare Krishna Barman is examined as P.W.2. Petitioner filed documents, Xerox copies of Ins. Policy, death certificate, post mortem report, certificate of Head Master, letters dt.12.03.16 and 01.12.16. O.P/Ins. Co did not adduce any evidence on their behalf and did not file any document to prove their case. They only filed Written Version.

Petitioner stated in the complaint petition and also deposed as P.W.-1 that his son Ashoke Deb Sharma died on 10.03.16 due to electrocution when he was working at the Garden of Bhupal Chandra Bidyapith School. That, his son during his life time purchased a Personal Accident Insurance Policy from the O.P/Ins. Co. That, he informed the matter to the O.P/Ins. Co. on 12.03.16. This fact is also corroborated by P.W.2 Hare Krishna Barman.

Giving due consideration to the contents of the complaint petition, documentary evidence on record, hearing, argument advanced by the lawyers of both sides, the Ld. Forum has come to the findings as follows: -

The fact that the deceased son of the complainant Late Ashoke Deb Sharma purchased the personal accident Insurance Policy during his life time bearing No.15071/42/15/8100001200 with validity from 27.02.16 to 26.02.17 has been established and the O.P/Ins. Co nowhere has challenged the same.

The fact that the son of the complainant died on 10.03.2016 has clearly been established from the copy of death certificate and P.M. Report and other relevant documents mentioned above and the O.P/Ins. Co nowhere challenged the same, neither by furnishing corroborating evidences nor by any witness. While deciding upon the cause of death, the complainant has furnished ample documents including the P.M.report where the death was said to occur from shock due to electrocution. On the other hand the O.P/Ins.Co has only denied the same in their cursory W.V but failed to submit any corroborating documents in support of such denial.

In such circumstance we are convinced that the unfortunate death of Late Ashoke Deb Sharma, son of the complainant on 10.03.16 occurred from shock due to electrocution i.e during the validity of the aforesaid insurance policy sold by the O.P/Ins. Co. Hence, the nonpayment of the sum assured to the complainant is held by us nothing but a case of deficiency in service.

Therefore, we find there is a gross negligence on the part of the O.P/Insurance Company   in not paying the sum assured to the complainant even after submission of all the relevant documents. Therefore, the complainant is entitled to get relief from O.P./ Insurance Company in the light of our above discussion.

Fees paid is correct. Hence, it is

ORDERED,

That the consumer complaint being No. CC - 03/2017 be and the same succeeds on contest but in part.

The O.P/Insurance   Company is directed to pay the sum assured Rs.2,00,000/-  under the Policy against the compensation claim. We direct the O.P/Insurance Company to pay the said amount with interest at the rate of 7% from the date of filing of this case i.e. on and from 20.01.17.  Further, we direct the O.P. to pay Rs.5000/- as compensation for harassment and mental pain and Rs. 2000/- as litigation cost. Entire amount be paid within one month from this day, lest interest to be imposed at the rate of 9% per annum till full realization. Let copies of this order be supplied to the parties free of cost.