Kerala

Thiruvananthapuram

CC/19/404

Silvadasan - Complainant(s)

Versus

National Insurances Co.Ltd - Opp.Party(s)

29 Nov 2022

ORDER

6DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

PRESENT

    SRI.P.V.JAYARAJAN          : PRESIDENT

 SMT.PREETHA.G.NAIR         : MEMBER

   SRI.VIJU.V.R                        : MEMBER

CC.NO.404/2019 (Filed on : 12/11/2019)

ORDER DATED : 29/11/2022

COMPLAINANTS

1. Silvadasan,

S/o.Late Jacob, Thala Thoppu Thekkekkara,

Kochutura, Puthiyathura.P.O

Thiruvananthapuram District

Pin code – 695526

 

2. Thresia,

W/o.Yesudasan Thottam Purayidom,

•  
•  

 

3. Jerome

S/o.Late Jacob,

Uriyarikkunnu Purayidom,

•  

Thiruvananthapuram District

Pin – 695526

 

4. Micheal

S/o.Late Jacob, Kadakkulam Colony,

Kottapuram, Vizhinjam.P.O

Thiruvananthapuram District

 

5. Rani,

Edathara Purayidom, Kochuthura,

Puthiyathura.P.O, Thiruvananthapuram

 

6. Bernad,

S/o.Late Jacob, Kinaruvila Purayidom,

Puthiyathura.P.O, Thiruvananthapuram

 

7. Christudasan,

S/o.Late Jacob, Kinaruvila Purayidom,

Puthiyathura.P.O, Thiruvananthapuram

 

8. Rosy,

W/o.Arogyadasan,

Kinaruvila Purayidom,

Puthiyathura.P.O, Thiruvananthapuram

 

(By Adv.Anto Marceline)

565.  

OPPOSITE PARTIES

1. The Senior Branch Manager,

National Insurance Co.Ltd,

Br.No.11, 2^nd Floor, K.K.Building,

Aristo Junction, Thampanoor,

Thiruvananthapuram – 695014

 

2. The Managing Director,
3.  

Kamaleswaram, Manacaud.P.O

Thiruvananthapuram- 695009

 

(OP1 by Adv.S.Rajeev)

(OP2 by Adv.S.K.Pramod)

6698606.  

SRI.P.V.JAYARAJAN                      : PRESIDENT

1.       This is a complaint filed under section 12 of Consumer Protection Act 1986 and stood over to this date for consideration and this Commission passed the following order.

 

2.       This is a complaint filed by the complainants against the opposite parties alleging deficiency in service on the part of the opposite parties. After admitting the complaint, notice was issued to the opposite parties. The opposite parties entered appearance and filed written version denying the allegations raised by the complainants. On 25/10/2022, when the case came up for consideration, the complainants filed a memo with a request to refer the matter for settlement talk and accordingly the matter was referred for settlement talk to 27/10/2022. When the case came up for consideration on 07/11/2022, both the parties represented that the matter is settled for an amount of Rs.5,00,000/- (Rupees five lakhs only) between the opposite parties and the complainants. The fifth complainant filed an IA.No.642/2022 before this Commission with a prayer to direct the first opposite party Insurance Company to deposit the insurance claim amount of Rs.5,00,000/- (Rupees five lakhs only) in the name of the fifth petitioner Rani. Along with the said petition the fifth petitioner has produced the legal heir certificate of deceased Late Mary Jacob and consent letters of other legal heirs before this Commission. The first opposite party not filed any objection to this petition. On the other hand a settlement memo signed by the first opposite party and the fifth complainant on behalf of the complainants is produced before this Commission. The sixth complainant is in Central Prison, Thiruvananthapuram in connection with a crime and hence he has executed the consent letter in favour of the fifth complainant which was counter signed by the Superintendent of Central Prison, Thiruvananthapuram. All other complainants other than the sixth complainant were also submitted their consent letter before this Commission. By the consent letter executed by the complainants 1 to 4 and 6 to 8, we find that the fifth complainant Mrs.Rani is the authorized person to represent all the complainants to receive the settlement amount from the first opposite party. The settlement memo filed by the complainant which was signed by the first opposite party and the fifth complainant is accepted and recorded. In view of the settlement arrived at between the parties to the proceedings, we find that this case is to be disposed of as settled.

          In the result, this complaint is disposed of with a direction to the first opposite party to issue a DD for Rs.5,00,000/- (Rupees five lakhs only) in favour of the fifth complainant Rani in compliance with the settlement arrived between the parties within 30 days from the date of receipt of this order, failing which the settlement amount shall carry an interest at the rate of 6% per annum from the date of settlement till the date of remittance / realization.  

        A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

        Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 29^th day of November 2022.

 

                                                                                                  Sd/-

P.V.JAYARAJAN    : PRESIDENT

 

                                                                                       Sd/-

        PREETHA G NAIR      : MEMBER

 

                                                                                        Sd/-

                          VIJU.V.R        : MEMBER

 

 

 

 

 

 

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