West Bengal

Paschim Midnapore

CC/43/2018

Smt. Lichu Bera - Complainant(s)

Versus

Puspa Bera - Opp.Party(s)

Somasish panda

29 Nov 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

Mr. Pulak Kumar Singha, President-in-Charge

and

Mrs. Anindita Roy, Ld. Member.

 

Complaint Case No.43/2018.

 

1. Smt.Lichu Bera, W/o-Lt. Tushar Kanti Bera,
2. Minor Shreya Bera, D/o-Lt. Tushar Kanti Bera

Minor is represented by her mother as natural guardian both of   Vill-Nagra,

                                                  P.O.-Changual, P.S.-Kgp(L), Dist-Paschim Medinipur                                                                                                                     …………..Complainants.

-Vs-

1. Puspa Bera W/o-Bimal Bera,

2. Bimal Ch. Bera, Vill-Nagra, P.O.-Changual , P.S.-KGP(L),

Dist.Paschim Medinipur.

3.The Branch Manager, LICI, Kharagpur Branch Office at O.T. Road near Kharagpur LICI bus stop.

       P.O.-Kharagpur, P.S.-Kharagpur(T), Dist-Paschim Medinipur.

                                                                                                           ……………..Opp.Parties.

                                                                        

                                                      Date of filing: 25/04/2018                                                                                                                                                                           

                                                      Decided on   : 29/11/2018

                               

FINAL ORDER/JUDGEMENT.

 Order No.16.

Dt.-29/11/.2018.                                             

                       Mr. Pulak Kumar Singha, President-in-Charge – Complainant  files this case u/s 12 of C.P. Act.  In short the case of the complainant is that husband of the complainant No.1 and  father  of complainant no.2 purchased one Insurance Policy from O.P. no.3 on 19/04/2010 vide policy no.499097369 of sum assured Rs.1,00,000/- (Rupees One Lakh) only along with accident benefit of Rs.1,00,000/- apart from sum assured money.  Policy holder

                                                                                                                                                            Contd………………………P/2

 

( 2 )

died on 25/06/2015 in a road accident and thereafter a case was registered in the concerned police station. Subsequently the complainant met with the  O.P. No.3  along with required documents but  O.P. no.3 has paid 2/3 share of sum assured Rs.1,00,000/- to the complainant but  O.P.  no.3 not yet any accidental benefit amount.

Complainant appears before this Forum for getting accidental benefit amount from O.P. no.3 and also seeking other relief.

O.P. no.1 and 2 did not contest the case in spite of  service of summons as such case is proceeded ex-parte against O.P. no.1 and 2.

O.P. no.3 files written objection denying the allegations of complainant stating inter-alia that the instant case is not maintainable. Father, Bimal Chandra Bera was the nominee of said policy. Present complainants have received 2/3 share of sum assured of the policy. As per succession certificate Ld. District delegate court Paschim Medinipur did not consider and pass any order regarding accidental death benefit of Rs.1,00,000/- to the complainants. Complainants did not file required documents to O.P. no.3. This O.P. prays for dismissal of the case.       

                                                                                          Decision with reasons

                        

  We carefully had gone through the complaints, written objection, evidence, documents and also considered BNA and arguments by both sides.

                  Fact of the case, that husband of the complainant no.1 and father of complainant no.2 purchased one policy from O.P. no.3 of sum assured Rs.1,00,000/- along with another Rs.1,00,000/- for accidental death  benefit. Policy holder made nominee of said policy to his father.  When complainants knocked the door of O.P. no.3 for obtaining compensation after death of policy holder as legal heirs then as per instruction of O.P. no.3 complainants had to collect succession certificate from complainant court of law. Accordingly O.P. no.3 paid 2/3 share of sum assured of the policy to the complainants.  It is admitted that policy holder  was entitled to get accidental death benefit of Rs.1,00,000/- apart from sum assured of Rs.1,00,000/-.

                   It appears from the evidence and documents that policy holder Tusar Kanti Bera died on 25/06/2015 due to road traffic accident and police case was registered and ended in charge sheet against accused of motor cycle driver. Complainants admitted that they have received only sum assured money as legal heirs but not yet received any accidental benefit from O.P. no.3.

                   In evidence complainant no.1 stated that she has filed some documents to O.P. no.3 but she did not file driving license of deceased policy holder and O.P. no.3 also raised question that to consider accidental benefit, driving license is mandatory. Moreover District Delegate

                                                                                                                                                             Contd………………………P/3

 

( 3 )

Court did not consider the benefit of accidental death benefit amount. In case of Life Insurance policy of accidental death benefit it is essential to prove whether policy holder died due to any accidental death or not. In the instant case it is well established from Post Mortem  report and charge sheet submitted by concerned police, that policy holder Tusar Kanti Bera died due to road traffic accident i.e. motorcycle accident and it is sufficient to prove on accidental death of any life insurance policy. To get accidental death benefit it is  not mandatory to verify the driving license of  policy holder. District Delegate Court issued certificate that complainants are the legal heirs of deceased father. Complainants submitted required  documents in respect of accidental death of policy holder by submitting  F.I.R.,  charge sheet, Post Mortem report and death certificate and on that basis O.P. no.3 paid sum assured money to the petitioners. O.P. no.3 had ample opportunity to verify whether policy holder actually died due to accidental death or not rather insured creating pressure upon the  complainants to submit driving license of  insured which is not at all related with the life insurance policy and on that ground O.P. no.3 delayed the claim of  accidental death benefit and harassed the complainants. At the time of  oral arguments Ld. Layer of O.P. no.3 submitted that O.P. no.3 is at present ready to pay Rs.1,00,000/- as accidental death benefit to the complainants.

                     In view of the above discussions in our considered opinion that this complaint case is well maintainable and case is proved in evidence. On the other hand O.P. no.3 is negligent, deficient in service as such complainants are entitled to get order of award compensation and other relief.  

                  The complaint case succeeds.

                             Hence, it is,

                                                 Ordered 

                                                 that the complaint case be and the same is allowed on contest against the O.P. no.3 with cost and ex-parte against O.P. no.1 and 2.

                   O.P. no.3 is directed to pay Rs.1,00,000/- (Rupees one lakh) only, to pay Rs.10,000/-(Rupees ten thousand) only  compensation for harassment mental pain and agony and also to pay Rs.2,000/-(Rupees two thousand) only as litigation cost  to the complainants within one month from the date of order.

                     Failure to comply the order, O.P. no.3 shall be liable to pay Rs.2,000/-per month from the date of order till realization to the account of  Legal Aid Fund of this Forum.

                  Let plain copy of this order be given to the parties free of cost.

                 Dictated and Corrected by me

                                                                                        

                        President-in-Charge                                                              Member

                            District Forum

                        Paschim Medinipur