BEFORE THE  A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION :HYDERABAD

F.A.No.1512/2007  against I.A.No.396/2006 in C.F.R.No.1739/2006, District Forum, Guntur. 

Between:

1.Papisetty Sambrajam, W/o.Late Raghavaiah,

   Aged 52 Yrs., Occ: Cooli R/o.12-5-17,

   Hindu  Muslim Road, Pandurangapeta, Tenali,

   Guntur District.

2.Papisetty Siva Kumari , D/o.Late Raghavaiah,

   Aged 22 Yrs. Occ:Household, R/o.12-5-17,

    Hindu Muslim Road, Pandurangapeta, Tenali,

   Guntur District.                                                    …Appellants/

                                                                              Complainants     

                   Vs.

1.The New India Assurance Company Ltd.,

   Rep. by its Manager, New India Assurance Building,

   87 Mahatma Gandhi Road, Fort, Mumbai ,

    Maharastra State.

2. The New India Assurance Company Ltd.,

    Rep. by its Branch Manager,

    Morrispet, Tenali – 522 202,

    Guntur District.                                                …  Respondents/

                                                                             Opp.parties  

Counsel for the Appellants           : M/s. P.Seshagiri Rao            

Counsel for the Respondents       :  Mr.B. Devanand.                 

  CORAM:SMT. M.SHREESHA, HON’BLE MEMBER

                                          AND

                        SRI K.SATYANAND HON,BLE MEMBER

                 WEDNESDAY, THE  SIXTEENTH  DAY OF SEPTEMBER,

                                TWO THOUSAND NINE. 

        Oral Order (Per  Smt M.Shreesha, Hon’ble Member)

                                           ***

        Aggrieved  by order in I.A.No.396/2006 in C.F.R.No.1739/2006  on the file of District Forum, Guntur  complainants  preferred this appeal.

        This complaint was  dismissed by the District Forum on the ground of limitation that the complaint was filed with a delay of 995 days.  The learned counsel for the appellants submitted in  their  grounds that the delay was caused due to the latches on the part of the  respondents as the second  respondent  dragged  on the matter till the reply notice dt.8.7.2005   was given and that they have given intimation to the respondents on 16.9.2002   with respect to the death of the insured and the claim letter is dt.1.11.2004. They  further contended that the cover  sent through courier service does not contain the full  address and the same was not served upon the insured and as such it cannot be construed that information was given to the insured. 

        The brief facts as set out n the complaint are that the complainants are wife and daughter of   Raghavaiah  who died in a train accident on 15.9.2002   and the  case  was registered with the police and the post mortem was conducted which revealed that the cause of death is due to the shock and hamarage     and due to  injury to skull, brain and internal hamarage.  It is the case of the complainants that they   intimated the death to the second  opposite party on 16.9.2002  but the second opposite party dragged on the matter and finally they  got issued a legal notice dt.26.4.2006 but received no response with respect to the settlement of the claim. Hence the complaint . 

        We observe from the record that the cause of action arose on 15.9.2002. In their counter affidavit, the opposite parties themselves submitted that the second opposite party has received the claim intimation on 1.11.2004  and that the policy was cancelled on  22.7.2002. Taking into consideration  that the respondents themselves have submitted that the claim was made on 1.11.2004   and we observe from the record that  opposite parties  neither repudiated nor settled  the claim and that the complaint was filed on  19.7.2006, the complaint is not barred by  limitation. Therefore we set aside  the order of the District Forum  order and allow this appeal and the District Forum is directed to number the complaint and dispose of the matter   on  merits .

        In the result this appeal is allowed and the order of the District Forum is set aside.  District Forum is directed to number the complaint and dispose of the matter on merits . Both parties are directed to appear before the District Forum on 5.10.2009  and the District    Forum shall dispose of the matter within three months from  that date.

                                                                MEMBER

                                                                MEMBER

                                                                Dt.16.9.2009

Pm