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 381/09 DATED 12.11.2009<br /> ORDER<br /> <br /> Complainant Smt. Hemalatha W/o late Pandurangaiah, Muddakkanahalli village and post, Shira Taluk, Tumkur District.<br /> <br /> (By Sri. H.S.S, Advocate)<br /> <br /> Vs. <br /> Opposite Party The Branch Manager, National Insurance Company Ltd., Direct Agents Branch, No.371/A, 3rd Floor, Ramaswamy Circle, Mysore-24.<br /> ( By Sri.B.N.S, Advocate,)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 14.10.2009<br /> Date of appearance of O.P. : 04.11.2009<br /> Date of order : 12.11.2009<br /> Duration of Proceeding : 8 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. Under Section 12 of the Consumer Protection Act the complainant has filed the complaint against the opposite party seeking a direction to pay a sum of Rs.1,00,000/- policy amount, along with interest and cost of the proceedings.<br /> 2. It is alleged that the complaint that, husband of the complainant by name Pandurangaiah S/o late Thimanna had Janatha Personal Accident Insurance Policy. The complainant is the nominee. The policy amount is Rs.1,00,000/-. The policy period was from 11.10.2006 to 10.10.2011. The policy holder, husband of the complainant on 27.09.2007 at 8.00 P.M. was driving a vehicle KA-16, M-1022 on National Highway-4 near Hiriyuru. A Lorry KA14-8415 dashed the vehicle to Tata Sumo and caused accident. The policy holder Pandurangaiah sustained injuries and succumbed the same on the next day. The complainant approached the opposite party along with all documents for payment of the policy amount. But the opposite party refused to pay the amount. Hence, it is prayed to allow the complaint.<br /> 3. The opposite party in the version has contended that the complaint is not maintainable and without prejudice to it, it is stated that the complainant did not lodge any claim with the opposite party and directly approached this Forum. Also it is stated, the claim could not be processed for want of information. However it is stated, the opposite party is ready to settle the claim provided proper documents are produced to avoid future possible claim by anybody. It is prayed to dismiss the complaint.<br /> 4. The complainant filed her affidavit in support of the claim made and produced certain documents. On the other hand, Branch Manager of the opposite party has filed his affidavit. For the complainant written arguments filed. Also, we have heard the learned advocate 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 that, there is any deficiency in service on the part of the opposite party and that she is entitled to the relief sought?<br /> 2. What order?<br /> 6. Our findings are as under:-<br /> Point no.1 : Partly in affirmative.<br /> Point no.2 : As per the order.<br /> REASONS<br /> 7. Point no. 1:- The fact that, the deceased Pandurangaiah S/o late Thimmanna had Janatha Accident Insurance Policy and that he died in the motor accident, is not disputed. To prove that the deceased was policy holder, copy of the certified insurance policy is produced. Also complainant has produced the copy of the FIR, panchanama and P.M. report.<br /> 8. The main contention raised by the opposite party is that, the complainant did not lodge any claim with the opposite party and directly has approached the Forum through the present complaint and as such there is no cause of action. It is true, as rightly contended by the opposite party except her interested statement, complainant has not produced any document to prove that, in fact she had submitted claim petition with the opposite party and that the opposite party did not settle the said claim. But, however it is relevant to note that, in case on this ground the complaint is dismissed and if the opposite party did not settle the claim, in due course, again the complainant shall have to approach this Forum and as such, to avoid circuitous procedure, ignoring the technicalities, particularly, considering the facts and circumstances, we feel it just to entertain the present complaint, particularly since the complainant prior to filing of the complaint, the complainant had issued notice, but the opposite party did not reply to it. Also it is relevant to note that, the opposite party in the version has stated that, it is ready to settle the claim provided proper documents are produced to avoid future possible claim by anybody.<br /> 9. As noted here before, so for concerned to the husband of the complainant Pandurangaiah was the policy holder, copy of the certified policy is produced. To substantiate her further claim that, the policy holder died in the motor accident, copy of the FIR No:0096 of Thavarakere District, Tumkur is produced. Likewise copy of Panchanama drawn by police is produced. Further inquest and the P.M report copies are produced. Considering this, death of the policy holder is established. Certificate of death is also produced. Xerox copy of ration card is produced. The complainant is the wife of the deceased. These documents are not disputed by the opposite party.<br /> 10. Accordingly, our finding on the point is partly in affirmative.<br /> 11. Point No. 2:- From the discussion made above and conclusion arrived at, we pass the following order.<br /> ORDER <br /> 1. The complaint is partly allowed.<br /> 2. The opposite party is hereby directed to pay a sum of Rs.1,00,000/- to the complainant, the policy amount within the month from the date of the order failing which, the amount will carry interest at the rate of 12% p.a. <br /> 3. The complainant shall produce all the relevant documents before the opposite party within a week from the date of this order.<br /> 4. There is no order as to cost.<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 /> (A.T.Munnoli) <br /> President <br /> <br /> <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br /> <br /> (Shivakumar.J.)<br /> Member<br /> <br />