27.1.2016
Present
For the complainant Smt.Harpreet Kaur, complainant alongwith Sh.K.S.Virk, Advocate counsel for the complainant. .
For the Opposite Parties Sh. P.N. Khanna Advocate
Complainants Harpreet Kaur and others, have filed the present complaint under section 10, 11, 12 and 13 under the Consumer Protection Act, 1986 against National Insurance Company Limited-Opposite Parties alleging deficiency in service on their part and claimed Rs.4 lacs as compensation alongwith compensation amounting to Rs.20,000/- as well as litigation expenses, on account of death claim of Navroj Singh husband of complainant No.1 and father of complainants No.2 and 3 respectively.
Sh.P.N.Khanna, Advocate appeared on behalf of the Opposite Parties and filed written version. However, during the course of evidence of the Opposite Parties, both the parties have affected amicable settlement and accordingly Sh.P.N.Khanna, Adv.counsel for the Opposite Parties moved an application alongwith cheque of Rs.2,40,000/- i.e. 75% of the insured amount and the complainants have raised no objection to that extent. Sh.P.N.Khanna, Advoccate ld.counsel for the Opposite Parties also made statement in this regard to the following effect:
“In the instant complaint, the sum insured was Rs.3,20,000/- in case of death of the insured. The complainant has approached the Opposite Parties to settle her claim to the extent of 75% of the sum insured i.e. Rs.3,20,000/- and the complainant would be satisfied with that amount. The complainant No.1 is the nominee of deceased Navroj Singh. Accordingly, the Opposite Parties have placed on record the cheque bearing No. 036070 dated 22.1.2016 for Rs.2,40,000/- in favour of complainant No.1 i.e. Harpreet Kaur widow of Navroj Singh, to be delivered to the complainants, as full and final settlement. The complainant No.1 being nominee is competent to receive the cheque amount of Rs.2,40,000/- for self and on behalf of other minor complainants. The complaint be disposed of accordingly.”
On the other hand, vide her separate statement, Smt.Harpreet Kaur complainant has accepted the cheque bearing No. 036070 dated 22.1.2016 for Rs.2,40,000/- on her behalf as well as on behalf of other complainants who are minor children. She has also filed the copy of Pass Book of her Saving Bank account No.6380000100060361 maintained with Punjab National Bank, Bhikhiwind. She further stated that she has no source of income and has to run some small scale business and for that she needs money. The complainant Harpreet Kaur has also stated that she has to maintain, educate and look after the minors in all respect, therefore it is requested that substantial amount be given to her. The complainant Harpreet Kaur further requested this Forum to pass necessary order with regard to share of the minors. She also undertook to deposit the share of minors in the shape of FDR till they attain the age of majority and the share of nominees as determined by this Forum shall be acceptable to the complainants. She further undertook that she will also produce the attested photo copy of the FDR after getting the FDR prepared of the ordered amount in the name of minors and the complaint may be disposed of accordingly as full and final settlement.
In view of the aforesaid statement of Smt.Harpreet Kaur complainant recorded today separately, we are of the view that it will be in the interest of minor children, if the amount of Rs.2,40,000/- be given to the complainants No.1 as well as complainants No.2 and 3 in the following manner.
- Rs.1,20,000/- i.e. 50% of the amount of Rs.2,40,000/- is directed to be given to complainant No.1 Harpreet Kaur.
- Rs.1,20,000/- i.e. 50% of the amount of Rs.2,40,000/- is directed to be given to both the minor children i.e. complainants No.2 and 3 in equal shares.
Complainant No.1 Harpreet Kaur is directed to deposit the aforesaid cheque bearing No. 036070 dated 22.1.2016 for Rs.2,40,000/- in her Saving Bank account No.6380000100060361 maintained with Punjab National Bank, Bhikhiwind. The Manager of Punjab National Bank, Bhikhiwind is directed to prepare the FDR of the amount of the minors shares as directed above for the period till the minors attain their majority, giving maximum benefits to the minors. However, the Manager of the Bank concern may release some amount out of the interest amount, if necessary, for the welfare of the minors at any stage to his/her satisfaction. The complainant would produce the copy of FDR in favour of minor complainants, within 10 days from the date of preparation of the said FDR. The Manager of Punjab National Bank, Bhikhiwind is also directed to send the copy of the FDR to this Forum, within 10 days.
The complaint is disposed of accordingly. Copies of this order be supplied to both the parties as well as to the Manager of Punjab National Bank, Bhikhiwind, free of cost. File is ordered to be consigned to record room after compliance.
Pronounced in open Forum.
Dated: 27.01.2016
(J.S.Khushdil)
President
27.1.2016
(Jaswinder Kaur) (R.D.Sharma)
Member Member
