Bihar

Gaya

CC.No. 156/2012

Geeta Devi - Complainant(s)

Versus

National Insurance Company Ltd. - Opp.Party(s)

RamNaresh Pathak

11 Sep 2018

ORDER

In the court of District Consumer Forum, Gaya

Consumer Complainant Case No.-156 of 2012

Geeta Devi W/O Late Deo Kumar Prasad, Ajamgarh (Raushan Ganj), District -Gaya, Bihar..... Complainant.

                                    V/s
National Insurance Company Limited and others.... Opposite Parties.

Present:
 1. Shri Ramesh Chandra Singh..... President

 2. Syed Mohtashim Akhtar....Male Member

 3. Smt. Sunita Kumari ....Female Member

Dated:- 11.09.

The instant case has been filed by the Complainant Geeta Devi against the Opposite parties National Insurance Company Limited and others for deficiency of service as they have not settled her claim and demanded ₹

                                           Case No.-156 of 2012

                          2. In brief the case of the complainant is that her husband late Dev Kumar Prasad had purchased a Group Janata Personal Accident Insurance Policy No. Patna. But he died there on done. Death Certificate was obtained. On the application of Baij Nath Prasad the police lodged Sher ghati (Dibbi) P.S (UD) Case No.04/2007. The complainant filed claim on

                                           Case No.-156 of 2012

                           3. On notice Opposite Parties 1& 2 appeared and filed their Written Statement but Opposite Party No.3 did not appeared and so exparte hearing was made against him.

                           4. Both parties filed their affidavit on evidences and relevant documents.

                           5. In Written Statement the Opposite Parties submitted that this Court has no jurisdiction because the case for compensation against the death due to motor accident may be filed before Motor Accident Claim Tribunal under motor vehicle act. There  are no allegations for deficiency in service on the part of opposite parties. Opposte parties never forwarded the Claim Form within time. The opposite party No.3 forwarded documents vide letter dated incomplete. In reply on completed. The complainant did not submitted Post Mortem Report and police final form. There was no valid driving licence.

                           6. Main points of decision before this court is whether the complainant has been succeeded to prove deviancy in

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service on the part of opposite parties and whether he is entitled to get relief as sought for.
                               7. The insurance policy number / 47 / 01 / / 02 / 96 / death. It also appears that copy of Sherghati (Dhobi) U.D. Case No.4/O.P.No.3.It appears from perusal of report of officer in charge, Sherghati P.S that the deceased Deo Kumar Prasad died in accident.
                         8. After perusal of evidences on affidavits filed behalf of both parties and documents submitted by them we came on the conclusion that the opposite parties have not settled the claim of the complainant though she was entitled for the insured amount after death of her husband in accident. Hence, there is deficiency in service on the part of Opposite parties.

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                             9. We, therefore, direct the opposite parties to pay the complainant  an amount of ₹

      Dictated and corrected

Female Member            Male Member                  President

Sunita Kumari                    Syed Mohtashim Akhtar       Ramesh Chandra Singh