Between:

M.Padma, W/o Late M.Jayakumar,

H.No.2-4, Main Street, A.M. Puram Village – 517 500,

Satyavedu Mandal, Chittorr District.                                                                    

…Complainant

                                                    -Vs-      

1. SBI Life Insurance Company Limited,Central Proceesing Centre,

   Represented by its Managing Director,

   Plot No.3-A, Sector 10, CBD Belapur, Navi Mumbai – 400 614.

2. SBI Life Insurance Company Limited,Represented by its Branch Manager,

   II Floor, S.V. Complex, Kurnool – 518 001.                    

...Opposite

ParTies

This complaint is coming on this day for orders in the presence of Sri.M.Sivaji Rao, Advocate for complainant and Sri.M.Syam Kumar Reddy, Advocate for opposite parties 1 and 2 and upon perusing the material papers on record, the Forum made the following.

   ORDER

(As per Sri. T.Sundara Ramaiah, President)                                                             C.C. No.9/2012

1.     This complaint is filed under section 11 and 12 of C.P. Act, 1986 praying:-

(a)          To pass an order directing the opposite parties jointly and severally to pay the balance assured amount of Rs.3,75,000/- with interest at the rate of 24% from the date of death of the assured;

(b)          To grant a sum of Rs.25,000/- towards the compensation for causing mental agony and hardship;

(c)           To grant the cost of the complainant;

And

(d)          To pass any other order / orders that are deem to the fit and proper in the circumstances of the case.

2.    The case of the complainant in brief is as under:- The complainant is the wife and nominee of the deceased Sri.M.Jaya Kumar.  On                 14-11-2008 Sri Late.M.Jaya Kumar took the policy from the opposite parties for an assured amount of Rs.7,50,000/-.  In case of accidental death the complainant is entitled to Rs.15,00,000/-.  On 08-05-2010 the insured died in a road accident while going to Nandyal from Bethamcherla.  A case in Crime No.83/2010 of Banaganapalli P.S. was registered against the driver of the vehicle. Thereafter the complainant submitted the claim to the opposite parties along with documents.  As the opposite parties failed to settle the claim, the complainant filed C.C.No.86/2011 against the opposite parties.  This Forum on                          27-10-2011 passed order directing the opposite parties to pay unattached amount of Rs.11,25,000/- to the complainant and her children.  Mother of the deceased filed S.O.P.No.306/2010 on the file of Additional District Judge Court, Tirupati.  The said S.O.P. was dismissed as it was settled out side the Court.  The opposite parties did not pay the amount of the complainant even after the dismissal of S.O.P.No.306/2010 on the file of Additional District Judge Court, Tirupati.  Hence the complaint.

3.     Opposite party No.1 filed written version and the same is adopted by opposite party No.2.  It is stated in the written version of opposite party No.1 that Sri.M.Jaya Kumar obtained the policy bearing No.24064143804 from the opposite parties.  The policy commenced on 14-11-2008. The policy holder expired on 08-05-2010.  Smt.M.Govindamma filed S.O.P.No.306/2010 on the file of Additional District Judge Court, Tirupati.   In the said case the 1/4^th share of Smt.M.Govindamma was attached.  The opposite parties are ready to pay the said amount to the legal heir of Smt.M.Govindamma as per order in C.C.No.86/2011.  There is no deficiency of service on the part of the opposite parties.  The complaint is liable to be dismissed. 

4.     On behalf of the complainant Ex.A1 to A7 are marked and sworn affidavit of the complainant is filed. On behalf of the opposite parties 1 and 2 Ex.B1 to B8 are marked and sworn affidavit of opposite party No.1 is filed.

5.     Both sides filed written arguments.

6.     Now the points that arise for consideration are:

                     i.        Whether there is deficiency of service on the part of Opposite Parties?

                    ii.        Whether the complainant is entitled for the reliefs as prayed for?

                  iii.        To what relief?

7.      POINTS i and ii:-  It is the case of the complainant that Sri.M.Jaya Kumar who is her husband obtained insurance policy from the opposite parties and that he died in a road accident on 08-05-2010.  It is admitted by the opposite parties that Sri.M.Jaya Kumar obtained the policy bearing No.24064143804 from the opposite parties and that he died in a road accident on 08-05-2010.  Subsequent to the death of Sri.M.Jaya Kumar the complainant and her minor childrens filed C.C.No.86/2011 and they were given unattached amount of Rs.11,25,000/-.  The balance amount was not paid to the complainant by the opposite parties as the S.O.P.No.306/2010 filed by the Smt.M.Govindamma mother of the deceased was pending on the file of the Additional District Judge Court, Tirupati.  The opposite parties filed Ex.B6 in I.A.No.212/2010 on the file of Additional District Judge Court, Tirupati.  As seen from Ex.B6 it is very clear that Smt.M.Govindamma who filed S.O.P.No.306/2010 died during the pendency of the said petition and that her husband by name Sri.M.Narayana Swamy Reddy was added as the second petitioner.  Ultimately S.O.P.No.306/2010 was dismissed as settled out of the Court.  Admittedly Smt.M.Govindamma mother of the deceased was entitled to 1/4^th share in the total assured amount.  The complainant herein filed the affidavit of Sri.M.Narayana Swamy Reddy, husband of Smt.M.Govindamma.  The complainant also filed affidavits of Sri.M.Srinivasulu Reddy and Smt.L.Devika son and daughter of deceased Smt.M.Govindamma.  It is stated in the said affidavits that they have no objection to pay the amount to the complainant.  The complainant is claiming an amount of Rs.3,75,000/-.   It is stated in the written version that only an amount of Rs.3,74,684/- is available with them.  In the light of the affidavits of the legal heirs of the Smt.M.Govindamma, filed by the complainant, we direct the opposite parties to pay the said amount of Rs.3,74,684/- to the complainant. 

8.     In the result, the complaint is partly allowed without costs directing the opposite parties 1 and 2 jointly and severally to pay balance amount of Rs.3,74,684/- to the complainant within one month from the date of the order.     

        Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 31^st day of July, 2012.

Sd/-                                   Sd/-                                   Sd/-        

MALE MEMBER                      PRESIDENT                 LADY MEMBER

                                APPENDIX OF EVIDENCE

                                    Witnesses Examined

For the complainant : Nill            For the opposite parties : Nill

List of exhibits marked for the complainant:-

Ex.A1                Photo copy of Proposal Deposit Receipt for Rs.50,000/-

dated 12-11-2008.

Ex.A2.       Photo copy of First Premium Receipt dated 14-11-2008.

Ex.A3                Photo copy of F.I.R. in Crime No.83/2010 of Banaganapalli

                P.S. dated 08-05-2010.

Ex.A4                Photo copy of Inquest Report dated 08-05-2010.

Ex.A5                Photo copy of Death Certificate issued by Panchayath

                Secretary A.M.Puram @ Rajucunta, Sathyavedu Mandal

                dated 22-10-2010.

Ex.A6                Photo copy of I.A.No.212/2011 in S.O.P.306/2010 of the

Honourable Vth Additional District Judge, Tirupati

dated 21-10-2011.

Ex.A7                Photo copy of Post Mortem Certificate issued by Civil

                Assistant Surgeon, Community Health Center,

                Banaganapalli.

List of exhibits marked for the opposite parties:-

Ex.B1                Photo copy of I.A.No.731/2010 in O.S.No.306/2010 of the

                Honourable Vth Additional District Judge, Tirupati

dated 04-08-2010.

Ex.B2                Photo copy of CC.No.86/2011 Notice dated 08-07-2011.

Ex.B3                Photo copy of CC.No.86/2011 Order Copy

dated 27-10-2011.

Ex.B4                Photo copy of Written Submission in Compliance of Order

                dated 15-11-2010.

Ex.B5                Photo copy of S.O.P.No.306/2010 petition filed on behalf of

                the proposed petitioner of the Honourable Vth Additional

                District Judge, Tirupati.

Ex.B6                Photo copy of I.A.No.212/2010 in S.O.P.306/2010 Counter

                filed on behalf of the Respondent No.4 of the Honourable

                Vth Additional District Judge, Tirupati.

Ex.B7        Photo copy of I.A.No.212/2011 in S.O.P.306/2010 Memo filed on behalf of the Petitioner of the Honourable Vth

                Additional District Judge, Tirupati.

Ex.B8                Office copy of “Unit Plus II Regular” Unit Linked Product

                Non Participating.

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  :

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