Bihar

StateCommission

A/33/2018

National Insurance Company Ltd. - Complainant(s)

Versus

Ramesh Mishra and Other - Opp.Party(s)

Adv. Abhay Kumar Sinha

18 Apr 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
BIHAR, PATNA
FINAL ORDER
 
First Appeal No. A/33/2018
( Date of Filing : 07 Feb 2018 )
(Arisen out of Order Dated 23/12/2017 in Case No. CC/2/2013 of District Madhubani)
 
1. National Insurance Company Ltd.
Kolkata through its Regional Manager, Regional Office, Sone Bhawan, Birchand Patel Marg, Patna-1
Patna
Bihar
...........Appellant(s)
Versus
1. Ramesh Mishra and Other
Son of Late Surya Narayan Mishra, Resident of Village- Nahar, Madhubani, PO- Bhagwatipur, PS- Pandaul,
Madhubani
Bihar
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Shailesh Kumar Sinha PRESIDENT
 HON'BLE MR. Upendra Jha MEMBER
 HON'BLE MRS. Renu Sinha MEMBER
 
For the Appellant:
For the Respondent:
Dated : 18 Apr 2018
Final Order / Judgement

ORDER

18 .04.2018     Heard the learned counsel for the appellant.

                         In support of the limitation petition considering the submissions and grounds stated delay in filing the appeal is condoned.

               It is submitted on behalf of the appellant that only hitch in payment of the accidentally benefit was that the complainant who is nominee filed the affidavit with incorrect facts that deceased has no other legal heirs. The appellant submits that the deceased has legal heirs who were entitled to the benefit of the claim. It is not in dispute that the complainant is nominee of the deceased. The appellant insurance company is directed to pay the assured amount to the nominee and by making such payment the liability be discharged. It goes without saying the nominee receives the payment in not title holder of such payment. It is the duty of the nominee to handover the amount received from the insurance company to the legal representatives/heirs of the deceased if any. The appellant is precluding from informing the legal heirs of the deceased if the appellant has got information of such legal heirs.

            In view of the above, the appeal stands dismissed.               

 

      

 Member (M)                                                                         President             

           Agam                                                                                                                                                           

 
 
[HON'BLE MR. JUSTICE Shailesh Kumar Sinha]
PRESIDENT
 
[HON'BLE MR. Upendra Jha]
MEMBER
 
[HON'BLE MRS. Renu Sinha]
MEMBER

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