BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri. T.Sundara Ramaiah, B.Com B.L., President
And
Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member
And
Smt. S.Nazeerunnisa, B.A., B.L., Lady Member
Thursday the 15th day of March, 2012
C.C.No.72/2011
Between:
D.Hussain Saheb,S/o D.Peeru Saheb,
R/o Ramakrishnapuram village,Kolimigundla Mandal - 518 166, Kurnool District-518166.
…Complainant
-Vs-
1. Reliance General Insurance Company Limited,Represented by its Regional Claims Manager,
4th Floor, Sagar Plaza, Abids Road, Hyderabad-500 001.
2. The Primary Agriculture Co-Operative Credit Society Bank Limited, Represented by its Secretary,
H.No.2/6/A, Hanumanthgundam, Q.No.257, Hanumanthgundam Village,Kolimigundla Mandal - 518 166,Kurnool District.
...Opposite ParTies
This complaint is coming on this day for orders in the presence of Sri M.L.Srinivasa Reddy, Advocate for complainant and Sri P.Ramanjaneyulu, Advocate for opposite party No.1 and opposite party No.2 called absent and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. T.Sundara Ramaiah, President) C.C. No. 72/2011
1. This complaint is filed under section 12 of C. P. Act, 1986 praying:-
- To direct the opposite parties to pay assured amount of Rs.50,000/- under the policy bearing No.1811383011100003, with interest at 12% per annum from the date of death of the insured and cost;
- To award compensation of Rs.15,000/- for causing inconvenience and mental agony and inconvenience suffered by the complainant at the deficient conduct of the opposite parties;
- To pass such other reliefs as the Honourable Forum deem fit and proper in the circumstance of the case.
2. The case of the complainant in brief is as under:- The complainant’s wife by name late D.Rasool Bee was the member of opposite party No.2 society. She purchased fertilizer from opposite party No.2. Opposite party No.2 got her life insured with opposite party No.1 for a sum of Rs.50,000/- under the policy bearing No.1811383011100003. The complainant is the nominee of the insured in the said policy. Insured met with road accident on 19-09-2008 when the policy was in force. Later the complainant submitted the claim to opposite party No.1 through opposite party No.2. As the claim of the complainant was not settled a legal notice dated 08-11-2010 was sent to opposite parties. Even after the receipt of the legal notice opposite party No.1 did not settle the claim. There is negligence on the part of the opposite parties. Hence the complaint.
3. Opposite party No.1 filed written version stating that the complaint is not maintainable. Late D.Rasool Bee was not a member of opposite party No.2 society. Opposite party is not aware that the complainant is the husband of the deceased and that he is the nominee under the policy. As per the memorandum of the agreement between the opposite party No.2 and opposite party No.1 the risk covers only for the borrowers of opposite party No.2 against the accidental death. The deceased did not avail loan and it was not out standing as on the date of the alleged accident. Therefore the opposite party No.1 is not liable to pay any compensation to the complainant under the policy. The complainant in collusion with opposite party No.2 filed the complainant in order to gain wrongfully. There is no proof that the deceased paid premium to opposite party No.1 through opposite party No.2. The deceased died due to cardiac Arrest on 10-12-2008. The complainant suppressed the material facts and filed the present complaint. The cause of death of the deceased is not due to injuries received in the accident. There is no deficiency of service on the part of opposite party No.1. This complaint is filed after lapse of period of limitation. There is no cause of action for filling the complaint and the complaint is liable to be dismissed.
Opposite party No.2 set exparte.
4. On behalf of the complainant Ex.A1 to A8 are marked and sworn affidavit of the complainant is filed. On behalf of the opposite party No.1 Ex.B1 to B8 are marked and sworn affidavit of the opposite party No.1 is filed
5. Both sides filed written arguments.
6. Now the points that arise for consideration are:
- Whether there is deficiency of service on the part of Opposite Party No.1?
- Whether the complainant is entitled for the reliefs as prayed for?
- To what relief?
7. POINTS i and ii:- Admittedly the office of the opposite party No.1 issued the policy in favour of opposite party No.2 covering the risk members of opposite party No.2. Ex.B1 is the Personal Accident Policy issued by opposite party No.1 in favour of opposite party No.2 covering the risk of the members of the opposite party No.2 society. The period of policy is from 19-12-2008 to 18-12-2009. The sum assured under the policy if Rs.50,000/- to each member. It is the case of the opposite party No.1 that the complainant’s wife late D.Rasool Bee was not the member of the opposite party No.2 society and that no amount was due by her by the date of her death. The complainant in his sworn affidavit stated that his wife was a member of the opposite party No.2 society and that she availed loan from the society. The complainant did not file the pass book showing the particulars of the loan availed by her during the year 2008. The complainant filed Ex.A7 certificate issued by the secretary of opposite party No.2 society. In the said certificate it is mentioned that the deceased became due an amount of Rs.15,000/- by 30-05-2007. There is no specific mention in Ex.A7 that the deceased became due an amount of Rs.15,000/- to opposite party No.2 society by the date of her death i.e., 10-12-2008. The complainant did not file the affidavit of the secretary of the opposite party No.2 society to establish that the deceased availed loan from opposite party No.2 society during the year 2008. The opposite party filed Ex.B8 copy of the Pass Book standing in the name of the deceased. It shows that the deceased availed loan during the year 2007. There is no mention in Ex.B8 Pass Book that the deceased availed loan from opposite party No.2 society in the year 2008. As per memorandum of agreement in between opposite party No.1 and opposite party No.2 policy covers risk of the members of opposite party No.2 society who availed loans and which are out standing on the date of payment of premium. In the instant case it is not established that the complainant’s wife availed loan and it was out standing during the period of the policy. No doubt the complainant’s wife was a member of the opposite party No.2 society, but there is no material on record to come to the collusion that there was out standing amount due to the opposite party No.2 society by the deceased.
8. It is the case of the complainant that his wife met with road accident on 19-09-2008 and that she died due to the said injuries on 10-12-2008. The complainant filed Ex.A4 containing the copy of Charge Sheet in Crime No.122/2008 of Kolimigundla P.S. It is mentioned in the Charge Sheet that on 19-09-2008 a tractor driven by in a rash negligent manner dashed against late D.Rasool Bee and that she received injuries. The complainant did not choose to file wound certificate and the copy of the F.I.R. Opposite party No.1 filed Ex.B3 copy of the F.I.R. in Crime No.122/2008. As seen from Ex.B3 it is very clear that basing on the report given by the complainant a case was registered. The complainant in his report clearly stated that his wife died on 10-12-2008 while taking treatment in Viswa Bharathi Hospital, Kurnool. Ex.B7 is the Doctor Slip issued by Viswa Bharathi Hospital, Kurnool. It is mentioned in Ex.B7 that the cause of death of Rasulamma is Cardiac Arrest. In Ex.B5 Post Mortem Certificate also it is mentioned that the deceased could appear to have died of due to road accident followed by Cardiac Problem. There is no medical evidence on record to show that the deceased died only due to the injuries received in the accident that took place on 19-09-2008. The accident took place on 19-09-2008 and the injured died on 10-12-2008. It is not established that the complainant is a nominee under the policy. It is also not shown by the complainant that some amount was due by the deceased to opposite party No.2 in the year 2008. It is also not proved that the cause of death of the deceased was due to the injuries received in the accident. On the other hand there is medical evidence on record to believe that the deceased died due to the Cardiac Arrest on 10-12-2008.
9. It is submitted by the learned counsel appearing for the complainant that basing on the police record it can be presumed that the deceased died due to the injuries received by her in the accident. The learned counsel appearing for the complainant relied on a decision reported in 1994 (1) ALT 338. The facts of the present case are entirely different from the facts of the case cited above. In the present case on hand there is no possibility to come to the collusion that the Cardiac Arrest of the deceased was due to the injuries received in the accident. Admittedly the deceased did not sustain injuries on the vital part like head. There is no documentary evidence to come to collusion that the deceased got Cardiac Arrest due to the injuries received by her in the accident. No deficiency of service is found on the part of opposite party No.1. Opposite party No.1 is not liable to pay any amount to the complainant.
10. In the result, the complaint is dismissed without costs.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 15th day of March, 2012.
Sd/- Sd/- Sd/-
MALE MEMBER PRESIDENT LADY MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite parties : Nill
List of exhibits marked for the complainant:-
Ex.A1 Office copy of Legal Notice dated 08-11-2010.
Ex.A2 Postal Acknowledgment.
Ex.A3 Postal Acknowledgment.
Ex.A4 Reply Letter dated 22-11-2010.
Ex.A5 Letter dated 24-08-2011 by opposite party No.1 to
complainant Counsel and opposite party No.2.
Ex.A6 Office copy of Reply letter dated 13-09-2011 along
with enclosures.
Ex.A7 Certificate issued by Secretary PACS, H.Gundum
dated 25-10-2011.
Ex.A8 Certificate issued by V.R.O. of Uppalurgroup of
Kolimigundla Mandal, Kurnool District
dated 25-10-2011.
List of exhibits marked for the opposite parties:-
Ex.B1 Photo copy of Reliance Janata Personal Accident
Policy bearing No.1811383011100003.
Ex.B2 Photo copy of Memorandum of Agreement
dated 19-02-2008.
Ex.B3 Photo copy of F.I.R. No.122/2008 Kolimiguntla
Police Station dated 11-12-2008.
Ex.B4 Photo copy of Inquest Report dated 11-12-2008.
Ex.B5 Photo copy of Post Mortem Certificate issued by Civil
Assistant Surgeon, Banaganapali dated 11-12-2008.
Ex.B6 Photo copy of Discharge Summary Card issued
Viswa Bharathi Super Speciality Hospital, Kurnool.
Ex.B7 Photo copy of Doctors Slip with regard to the Death of
Rasulamma dated 10-12-2008.
Ex.B8 Photo copy of Co-operative Kisan Credit
Card-Cum-Pass Book.
Sd/- Sd/- Sd/-
MALE MEMBER PRESIDENT LADY MEMBER
// Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties :
Copy was made ready on :
Copy was dispatched on :
