Assam

Cachar

CC/64/2011

Smti. Sanchita Gulgulia. - Complainant(s)

Versus

Senior Div. Manager, United India Insurance Co.Ltd. - Opp.Party(s)

A.Biswas

09 Nov 2018

ORDER

Heading1
Heading2
 
Complaint Case No. CC/64/2011
( Date of Filing : 07 Dec 2011 )
 
1. Smti. Sanchita Gulgulia.
Hospital Road, Silchar.
...........Complainant(s)
Versus
1. Senior Div. Manager, United India Insurance Co.Ltd.
Divisional Office, Shillong patty, Silchar-1.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Bishnu Debnath PRESIDENT
  Kamal Kumar Sarda MEMBER
 
For the Complainant:A.Biswas, Advocate
For the Opp. Party: Shibojyoti Choudhury, Advocate
Dated : 09 Nov 2018
Final Order / Judgement

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

CACHAR :: SILCHAR

 

Con. Case No. 64 of 2011

 

  1. Smti. Usha Devi GulguliaMother of Lt. Mohit Kumar Gulgulia

 

  1.  Smti Bhoomi Gulgulia minor D/o Lt. Mohit Kumar Gulgulia, represented by herMother & natural guardian Smti   Sanchita Gulgulia, ……………   Complainants. 

 

                                                                        -V/S-

                   1.  United India Insurance Co. Ltd.

                        (Represented by its Senior Divisional Manager,

                        Divisional office, Shillongpatty, Silchar-1                                      Opp. party

                

           

            Present: -                                Sri Bishnu Debnath,                                                President,

             District Consumer Forum,

                                                             Cachar, Silchar.                                            

 

                                                            Sri Kamal Kumar Sarda,                                        Member,

                                                            District Consumer Forum,

                                                            Cachar, Silchar.       

 

            Appeared: -                Mr. A. Biswas, Advocate for the complainant.

                                                Mr. Shibojyoti Choudhury, Advocate for the O.P

 

                                                 Date of Evidence                                       05-07-12, 06-08-12, 04-10-17

                         Date of written argument                           20-07-15, 15-02-18, 13-06-18

                         Date of oral argument                                 07-07-2018, 29-10-2018

                         Date of judgment                                         09-11-2018                                                         

                                                              

JUDGMENT AND ORDER

                                  Sri Bishnu Debnath

  1. This complaint has been brought by Mother and minor daughter of the deceased Mohit Kumar Gulgulia against the United India Insurance Co. Ltd. Silchar Division for award of sum insured in respect of insurance policy No. 130500/42/10/01/00000118 because the death claim of the insured has been repudiated.

  2. The brief facts:-

Mohit Kumar Gulgulia purchased the aforesaid insurance policy from O.P. The sum insured was Rs.15,00,000 (Rupees Fifteen Lakhs) only. The period of insurance was from 13-11-2010 to 12-11-2011. But on 17-04-2011 the deceased insured got badly burnt and immediately admitted to Greenwood Hospital, Aizawl. The deceased insured was kept in ICU of that Hospital for treatment but during treatment he died on 24-04-2011. The matter was informed the O.P as well as the police. The police registered Sairang P/S UD Case No. 03-2001 U/S 174 Cr.Pc on 27-04-2011 and during investigation conducted inquest on dead body and then submitted Police Report. But the O.P repudiated the insurance claim on 08-09-2011 on the plea that no Post Mortem was done on dead body to confirm the death caused due to burn.

  1. The O.P submitted W/S. In the W/S denied all the alleged fact and also admitted that the claim has been repudiated because no Post Mortem was conducted on dead body.

  2. During hearing the natural guardian of minor daughter of deceased Mohit Kumar Gulgulia i.e. widow of the deceased submitted her deposition supporting affidavit and also exhibited documents including insurance policy,

    Death Report and other Police Papers.                       

  3. Mother of the deceased subsequently substituted as per prayer of the widow of the deceased in her place because in the meantime she got remarriage. Said mother of the deceased Smti. Usha Devi Gulgulia deposed and exhibited the same documents. The O.P also submitted deposition of Samir Mazumdar. After closing evidence, both sides’ counsels submitted written argument.

  4. In this case from the evidence on record it is concluded that the deceased purchase the insurance policy No. 130500/42/10/01/00000118 for his life and personal accident. The sum insured was Rs.15,00,000/- and period of validity was from 13-11-2010 to 12-11-2011. It is also established in view of Death Certificate and Police Report vide Ext.7 and 10 or as per deposition of Usha Devi Gulgulia vide Ext.4 and Ext.6 that the deceased died due to fire accident on 24-04-2011. It is also evident from police report that fire accident was occurred on 17-04-2011 and died during treatment at GreewoodHospital, Aizawl. Of course, P.M. Examination was not done on dead body and the police explained the matter in the report vide Ext.4. The explanation is understandable and reliable. Of course, the O.P submitted deposition of witness but no convincing material furnished to conclude that the deceased died due to suicide or other self-inflected cause.

  5. Thus, it is concluded that the deceased died during the validity of the insurance policy. It is also established fact in view of the exhibited documents that he died outside the house and same is not a suicide case. As such the daughter and wife of the deceased are entitled to get sum insured of Rs.15,00,000/-.

  6. The complainant No.1 the widow of the deceased has been substituted by mother of the deceased on the plea that she has been re-married now. Thus, in this situation if the widow of the deceased submit the letter of relinquish of her claim the entire amount shall be entitled by minor daughter. But in this case from her application for substitute indicated that she has relinquished her claim. As such entire sum insured to be entitled by minor daughter only and mother of the deceased in not entitled share of the sum insured because insurance claim is not an ancestral property.

  7. Anyhow, in this case, the complainant prayed reimbursement expenditure of bringing dead body at Silchar from Aizawl but the provision is not available for entitlement of any expenditure for carry dead body except reimbursement of expenditure of carrying dead body. In this case to get reimbursement it is required to submit bill and voucher of expenditure. But no such bill or voucher is submitted. Hence no amount for carry dead body is entitled to reimbursement.

  8. As such O.P is directed to make payment of sum insured of Rs.15,00,000/- and cost of the proceeding of RS. 5,000/-. Compensation on other ground are not justified in this case as per my opinion. Hence, no compensation for disservice or mental agony is awarded.

  9. The O.P is directed to deposit the awarded amount of Rs.15,00,000/- within 45 days from today in the name of the District Consumer Forum. In default interest to be added @ 10% per annum. Of course,on receipt of the awarded amount 70% of the said received/realize amount to be kept in the fixed deposit in the name of minor daughter Smti Bhoomi Gulgulia for a period till attaining her majority and balance 30% to be allowed to withdraw by Usha Devi Gulgulia to incur expenditure of the minor for her education only.                  

  10. With the above, the case is disposed of on contest. Supply free certified copy of judgment to the parties. Given under my hand and seal of this District Forum on this the 9st day of November, 2018.

 

 

 

 
 
[HON'BLE MR. JUSTICE Bishnu Debnath]
PRESIDENT
 
[ Kamal Kumar Sarda]
MEMBER

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