STATE CONSUMER DISPUTE REDRESSAL COMMISSION
BIHAR, PATNA
Appeal No. 22 of 2018
1. D.D.M Postal Life Insurance C/o- Chief Postmaster, General Bihar Circle, Patna
2. Superintendent of Post Offices, Bhojpur Dn Ara
… Appellants
Versus
Renu Devi, Wife of Braj Kishore Prasad, Resident of Mohalla- Ramgahria, PS- Ara, Town & District- Bhojpur
…. Opposite Parties/Respondent
Counsel for the Appellant: Adv. Sudhir Kumar Tiwary
Counsel for the Respondent: Adv. Anil Kumar
Dated 14.03.2023
As per Sanjay Kumar, President.
O r d e r
Present appeal has been filed on behalf of appellant postal life insurance, Department of Post for setting aside the order dated 21.03.2017 passed in Complaint case No. 24 of 2015 whereby and whereunder the learned District Consumer Forum, Bhojpur has directed appellant to pay the insured amount of Rs. 10,00,000/- to the complainant with interest @10% from 16.05.2014 till the date of payment and Rs. 50,000/- as compensation for mental and physical harassment and Rs. 5,000/- as cost of litigation.
Briefly stated the facts of the case is that deceased Nikhil Kumar on 27.04.2009 had purchased two postal life insurance policies of Rs. 5,00,000/- each in which he made his mother as nominee and premium was paid up to date. Insured Nikhil Kumar met an accident and died on 23.04.2014 and thereafter complainant approached the Postal authorities for payment of insured amount but no action was taken by them as such complainant was constraint to approach the District Consumer Forum, Bhojpur for payment of insured amount with interest as well as grant of compensation for physical and mental harassment and cost of litigation.
In support of her claim case complainant adduced oral as well as documentary evidence. Complainant was also cross examined by the Opposite Parties. Several documents as postal life insurance policy bond, copy of FIR, inquest report, copy of case diary, death certificate, post mortem report was placed before the District Consumer Forum which were marked as exhibits.
On the basis of documentary as well as oral evidence the District Consumer Forum held that deceased insured had purchased two postal life insurance policies of Rs. 5,00,000/- each in which complainant was the nominee and premium amount was regularly paid. Insured Nikhil Kumar died in a road accident while on duty in the Lok Sabha election 2014 and accordingly ordered payment of insured amount Rs. 10,00,000/- to the complainant with interest@10% per annum from 16.05.2014 (date of filing of claim) along with Rs. 50,000/- as compensation for mental and physical harassment and Rs. 5,000/- as cost of litigation.
Counsel for the appellant has referred Rule 62 of the PLI according to which in case of murder the payment is with held till completion of investigation in order to ascertain any involvement of nominee/legal heir of insured in murder of insured and if any involvement of nominee or legal heir is found during investigation then appropriate decision is taken by the authorities.
It is submitted on behalf of counsel for the appellant that the claim of complainant was settled by the Dept. on 21.06.2018 and a cheque of Rs. 12,94,000/- was sent to the complainant by registered post but she refused to accept the claim amount. Sanction order has also been placed on record but in sanction order interest has not been included.
This court has perused Rule 62 of the PLI and finds that said rule has no application in facts and circumstances of present case as it is not a case of murder but is a case of accidental death.
Having heard the learned counsels for the parties, this Commission does not find any error or infirmity in the order under appeal and as such is not inclined to interfere in the order passed by the District Consumer Forum, Bhojpur and accordingly this appeal is dismissed.
(Ram Prawesh Das) (Sanjay Kumar,J)
Member President
Md. Fariduzzama
