Per:  K.V.Krishna Murthy:   

            The complainant’s husband was a farmer and member of OP No.1 society and possessed a Kissan Credit Card which entitles him the Life Insurance Policy from No.2 Insurance Company covering death/injury/disablement under the Kissan Credit Card Scheme policy issued to RDCC Bank Ltd., Gangavathi as per Ex.A2 which contains a condition that upon happening of any event which may give ruse to a claim under said policy, the insured shall forth-with give a notice to the company unless reasonable cause is shown the insured within one calendar month after the event, which may give rise to claim under the policy give written notice to the company with particulars of the claim.

             2.  The complainant’s husband suffered bodily injuries in a road accident that occurred at about 11 am on 18-08-2012 and he was taken to Danamma Hospital, Bellary for further treatment, wherein he died on
19-08-2012.

            3.  A claim for insurance amount was made through the RDCC Bank, Raichur.  The Insurance Company repudiated the claim as per letter dated: 03-1-2014 contending that the information of death was received by the company on 18-01-2013 and hence there is a abnormal delay in communication and therefore unable to admit the claim.

            4.  In this background facts, the complainant has approached this Forum on 24-07-2014 seeking for payment of sum assured of Rs.50,000/- and compensation of Rs.35,000/- together with costs.

            5.  On 21-11-2014, the complainant’s affidavit evidence has been filed, which discloses that subsequent to the receipt of the notice of the proceedings by the Insurance Company, the company has paid Rs.50,000/- to the complainant.  The date of receipt of the amount not mentioned.

            6.  The contention of the counsel for the complainant now restricted to the claim for compensation.  His contention is that since the payment has been made subsequent to filing of the complaint, compensation should be awarded, for which he has relied upon the decision – Principal Government Polytechnic for Womens V/s Reliance General Insurance Ltd., - 2013 (1) CPR 91 (HP).

            7.  On studying the case, we are of the opinion that this District Forum lacks territorial jurisdiction to entertain this claim for the reason that the death has occurred in a hospital in a Bellary and the service provider situated in Raichur and no part of cause of action has arisen in Koppal district.

            8.  In the view which we have now taken, the complaint is dismissed.

// ANNEXURE //

List of Documents Exhibited for the Complainant.

Witnesses examined for the Complainant / Respondent.