Haryana

Yamunanagar

CC/1022/2011

Inderjit Kaur W/o Jai Pal Dhiman - Complainant(s)

Versus

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

Subhash Chand

06 Feb 2017

ORDER

BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR AT JAGADHRI.

                                                                                                Complaint No. 1022 of 2011.

                                                                                                Date of institution: 27.09.2011

                                                                                                Date of decision: 06.02.2017

1. Inderjit Kaur  wife of Late Jai Pal Dhiman,
2. Savita daughter of Late Jai Pal Dhiman,
3. Saurabh minor son of late Jai Pal Dhiman, minor through his mother natural guardian and next friend Smt. Inderjit Kaur.

      All residents of near Kavita Chhabra Hospital, Jagadhri, Tehsil Jagadhri, District Yamuna Nagar.

                                                                                                                           …Complainants.

                                    Versus

1. National Insurance Company Limited, Yamuna Nagar through its Branch Manager.
2. Rajesh,
3. Lalit both sons of Late Jai Pal Dhiman, both residents of Near Kavita Chhabra Hospital, Jagadhri, Tehsil Jagadhri, District Yamuna Nagar.
4. Kusam wife of Shri Ram Kumar and daughter of Jai Pal Dhiman, r/o village Babyal, District Ambala.
5. Kavita wife of Shri Parveen Kumar and daughter of Shri Jai Pal Dhiman, r/o Dera Bassi, District Mohali, Punjab.

 

                                                                                                             …Respondents.

BEFORE:         SH. ASHOK KUMAR GARG, PRESIDENT.

                         SH. S.C.SHARMA, MEMBER.

 

Present: Sh. Subhash Chand, Advocate, counsel for complainants.

               Sh. Rajiv Gupta, Advocate, counsel for complainant No. 1.

               Sh. S.P.Panwar, Advocate, counsel for OPs No.2 to 5.

 

ORDER

 

1.                     The present complaint has been filed being the LRs of deceased Jai Pal Dhiman (hereinafter referred as complainants)  under section 12 of the Consumer Protection Act 1986 alleging therein that the complainant No.3 is minor and is living under the care and guardianship of complainant No.1 his mother. The respondents No. 2 & 3 (hereinafter respondents will be referred as OPs) had already been disowned from his moveable and immoveable properties by late Sh. Jai Pal Dhiman during his life time on 03.05.2003 and hence, they have been impleaded as OPs No.2 & 3 in the present complaint. Sh. Jai Pal Dhiman husband of complainant No.1 and father of complainants No.2 & 3 was owner of motorcycle bearing registration No. HR-02-M-6644 which was duly insured with the OPNo.1 vide policy bearing No. 420402/31/05/6200004548 for the period w.e.f. 03.03.2006 to 02.03.2007 against payment of premium. As per terms and limit of liability of the abovesaid policy Rs. 1,00,000/- is to be paid by the OP No.1 Company to the insured. On 05.03.2006 at about 5.30 P.M. Sh. Jai Pal Dhiman was going on his motorcycle No. HR02M-6644 and near Inderlok Palace, Yamuna Nagar he met with an accident while driving the abovesaid motorcycle and died at the spot. An application for disbursement of the claim amount on account of death of Shri Jai Pal Dhiman in the accident was moved by the complainants to OP No.1and completed all the formalities but the claim amount was not disbursed to the complainants because Rajesh Kumar who alongwith Lalit had already been disowned by Late Jai Pal Dhiman during his life time had moved an application not to disburse the claim amount to the complainants but the Op no.1 have wrongly and illegally withheld the claim amount on false and flimsy grounds whereas the company is liable to pay the claim amount to the complainants, who are legal heirs of late Jai Pal being widow, daughter and son. Due to withholding the genuine claim of the complainants, the Op No.1 has committed deficiency in services as a result of which the complainants have suffered mental agony and harassment at the hands of Op No.1. Lastly prayed for directing the OP No.1 to disburse the claim amount of Rs. 1,00,000/- to the complainants alongwith up to date interest on account of death of Sh. Jai Pal Dhiman and further to pay compensation as well as litigation expenses.

2.                     Upon notice, OPs appeared and filed their written statement separately. OP No.1 Insurance Company appeared and filed its written statement by taking some preliminary objections such as complaint is not maintainable; complainants had earlier filed a consumer complaint No. 327/2007 decided on 15.10.2010 and the said complaint was withdrawn by the complainant on the ground that there are number of legal heirs of the deceased Jaipal who were not impleaded as parties in that complaint. However, the complainants have not impleaded the other legal heirs of deceased Jai Pal in the complaint which include Kusum Lata and Kavita Rani daughters and Smt. Ram Pyari mother of the deceased Jai Pal. The complainants have not submitted any Succession Certificate/ legal heirs certificate issued by any competent court of law/authority to establish that the complainants are the only legal heirs who are entitled to the amount if any under the policy in question on account of death of Jai Pal Dhiman. The complainants have not come to this Forum with clean hands and have mislead this Forum by stating wrong facts. The true facts are that one Sh. Jaipal had insured his motorcycle bearing Registration No. HR-02M-6644 with the OP No.1 Company valid w.e.f. 03.03.2006 to 02.03.2007 vide policy No. 420402/31/05/62000004548. The claim was registered by Smt. Inderjeet Kaur widow of deceased. While the claim was under process the OP Company received a letter dated 22.06.2006 duly supported by an affidavit of Rajesh Dhiman son of late Sh. Jai Pal Dhiman to the effect that the deceased has left behind seven legal heirs besides Inderjeet Kaur complainant i.e. three sons and three daughters and mother of the deceased. On receipt of the said letter and affidavit the Op No.1 Insurance Company wrote a letter dated 22.09.2006 to the complainant desiring her to submit legal heir certificate. A reminder to this effect was also served on the complainant on 07.11.2006 and thereafter on 30.01.2007 but till date the complainants have failed to submit the legal heir certificate/ succession certificate to enable the OP No.1 company to process the claim in right perspective and on merit controverted the plea taken in the complaint and reiterated the stand taken in the preliminary objections and lastly prayed for dismissal of complaint.

3.                     OPs No. 2 & 3 filed their written statement jointly and denied the fact that they have been disowned from the moveable and immovable property of their father during his life time, as alleged in the complaint. The OPs No.2 & 3 have been wrongly impleaded as OPs in the present complaint instead of complainants. Hence, the OPs No.2 & 3 are entitled to the claim amount of Rs. 1,00,000/- and Rs. 50,000/- on account of mental agony and harassment to the extent of 50% share being the real sons of late Shri Jai Pal Dhiman and also being the step son of Smt. Inderjit Kaur complainant No.1 who is the second wife of their father late Sh. Jai Pal Dhiman. Lastly, prayed for dismissal of complaint being false and frivolous.

4.                     Counsel for the OPs No.4 & 5 made a statement on 09.08.2016 that written statement already filed on behalf of OPs No.2 & 3 be read as written statement on their behalf. 

5.                     In support of her case, complainant Inderjeet Kaur tendered into evidence her affidavit as Annexure CW/A and documents such as Photo copy of affidavit of Jaipal Dhiman as Annexure C-1, Photo copy of provisional receipt of Dainik Bhaskar as Annexure C-2, Photo copy of death report as Annexure C-3, Photo copy of order dated 15.10.2010 as Annexure C-4 and closed her evidence.

6.                     On the other hand, counsel for the OP No.1 tendered into evidence affidavit of Samain Singh Administrative Officer, NIC as Annexure RW/A and documents such as Photo copy of letter received on 03.07.2006 as Annexure R-1, Photo copy of Affidavit of Rajesh Dhiman as Annexure R-2, Photo copy of letter dated 22.09.2006, 07.11.2006 and 30.01.2007 demanding for succession Certificate as Annexure R-3 to R-5, Photo copy of surveyor report as Annexure R-6, Photo copy of driving license of Jai Pal Singh as Annexure R-7, Photo copy of insurance cover note as Annexure R-8, Photo copy of insurance policy as Annexure R-9 and closed the evidence on behalf of OP No.1.

7.                     Counsel for the OPs No.2 & 3 tendered into evidence affidavit of Rajesh Kumar as Annexure RW2/A and closed the evidence on behalf of Ops No.2 & 3.

8.                     Counsel for the OPs No. 4 & 5 also tendered into evidence photo copy of driving license of Jaipal Singh as Annexure R.4/1, Photo copy of Registration Certificate No. HR-02M-6644 as Annexure R.4/2, Photo copy of Insurance Policy as Annexure R.4/3 and closed the evidence on behalf of OPs No.4 & 5.

9.                     We have heard the learned counsel for both the parties and have gone through the pleadings as well as documents placed on file very minutely and carefully.

10.                   It is not disputed that deceased Jaipal Singh Dhiman son of Narata Ram was the owner of motorcycle bearing registration No. HR-02M-6644 which was duly insured with the OP No.1 Insurance Company vide policy bearing No. 420402/31/05/6200004548 valid from 03.03.2006 to 02.03.2007 and in the policy in question  the owner-cum-driver i.e. deceased Jaipal Singh was also covered under the personal accident for Rs. 1,00,000/-. It is also not disputed that deceased Jaipal Dhiman met with a road side accident when he was going on his motorcycle bearing registration No. HR-02M-6644 near Inderlok Place, Yamuna Nagar and died at the spot. it is also not disputed that a claim was lodged with the OP No.1 Insurance Company.

11.                   The only grievances of the complainant is that Op No.1 Insurance Company has wrongly and illegally withheld the genuine claim of the complainants amounting to Rs. 1,00,000/- whereas on the other hand, it is the version of Op No.1 Insurance Company that despite so many written requests complainants have not submitted any succession certificate/legal heir certificate issued by the competent court of law/authority to establish that complainants are only the legal heirs who are entitled to the amount, if any under the policy in question on account of death of Jaipal Singh Dhiman.

12                    After hearing both the parties and going through the documents placed on file, we are of the considered view that there is no deficiency in service or unfair trade practice on the part of OP No.1 as from the perusal of letter dated 22.09.2006 Annexure R-3 and reminder dated 07.11.2006 Annexure R-4 and another letter dated 30.01.2007 Annexure R-5 issued by the OP No.1 Insurance Company, it is duly evident that complainant No.1 was asked to submit legal heirs certificate as there was so many legal heirs of the deceased Jaipal Singh including some minor legal heirs. Although some legal heirs have been impleaded as respondents i.e. OPs No. 2 to 5 in the present complaint, however, from the perusal of written statement filed by the OPs No.2 & 3, it is duly evident that OPs No.2 & 3 are demanding 50% share being the real son of late Sh. Jai Pal Singh and also being the step sons of Smt. Inderjeet Kaur complainant No.1 who is second wife of their father late Sh. Jai Pal Singh whereas on the other hand complainants are demanding the entire claim amount of Rs. 1,00,000/- on account of death of deceased Jaipal Singh Dhiman. Meaning thereby that there is dispute between the parties in respect of share of the claimed amount of Rs. 1,00,000/- under the policy bearing No. 420402/31/05/624444548 valid from 03.03.2006 to 02.03.2007 issued by OP No.1 National Insurance Company as the deceased Jai Pal Singh son of Narata Ram was covered under the compulsory PA to owner –cum-driver for Rs. 1,00,000/-, so this Forum is also of the considered view that without deciding the share from the Civil Court, no such direction can be issued to the OP No.1 Insurance Company to pay the claim amount of Rs. 1,00,000/- as demanded by the complainants as well as OPs No.2 to 5.

13.                   In the circumstances noted above, we are of the considered view that the Op No.1 Insurance Company has rightly demanded the Succession Certificate/ Legal Heir Certificate from the complainants vide their letter dated 22.09.2006, 07.11.2006 and 30.01.2007 Annexure R-3 to R-5 but they failed to do so. Hence, we have no option except to dismiss the present complaint and the same is hereby dismissed. However, the complainants are liberty to approach the Civil Court firstly and get the Succession Certificate/ Legal Heir Certificate from the Civil Court and submit the same to the OP No.1 Insurance Company and the OP No.1 Insurance Company is also directed to decide the claim of the complainants within a period of 30 days from the date of submission of succession certificate. Exemption of time spent before this Forum is granted in terms of judgment of the Hon’ble Supreme Court of India in case titled as Luxmi Engineering Works vs. P.S.G. Industrial Institute (1995)III SCC page 583.The Assistant is directed to return the original documents, if any, to the complainant after retaining the photo copies of the same on the file. Copy of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.   

Announced in open court.06.02.2017.

                                                                                                (ASHOK KUMAR GARG)

                                                                                                 PRESIDENT

                                                                                                 DCDRF,YAMUNANAGAR

 

                                                             (S.C.SHARMA)

                                                             MEMBER