27-02-2015 - Inspite of valid service of notice on the complainant/ R-1, she is not appearing in this case and therefore the case was taken up for hearing ex-parte against her.

2.       Heard Mr. Manish Kumar, learned counsel appearing  for  the appellant/ Insurance Company and Mr. Anupam Sanyal, learned counsel appearing for R-2 on the prayer for condoning the delay of about 22 days in filing this appeal and also on merits.

3.       On being satisfied with the grounds, the said delay is condoned.

4.       On merits it was submitted by  Mr. Manish Kumar that, the complainant’s husband died on 7.10.2008 but she informed about the death after a long delay of about 1 ½ years on 22.4.2010 whereas she should have intimated the Insurance Company within 30 days.

5.       According to the complainant/ R-1, her deceased husband was working as Truck Khalasi who died in an accident on 7.10.2008. She learnt in the month of February, 2010 that the deceased had an insurance policy with the appellant in which she was the nominee. Immediately she informed Insurance Company through R-2 about the death and requesting to furnish the claim form.

6.       The learned District Forum interealia held that it was true that there was delay in informing the Insurance Company about the death but as the bread earner of the family died in an accident it was not expected from his grief stuck wife to inform the Insurance Company within 30 days.

7.       The learned District Forum relied on the judgement reported in I (2009) CPJ 147 of Hon’ble Maharastra State Commission and other judgements holding that the provision for informing about the death within 30 days was directory and not mandatory.

8.       The learned District Forum directed the O.Ps. 1 &2 / appellant and R-3 herein , to pay the insured amount of Rs. 1,00,000/- with simple interest @ 9% p.a  from the date of filing of the complaint case i.e. 17.12.2011, besides Rs. 20,000/- as compensation and Rs. 5000/- as litigation cost , within three months of the order, failing which the complainant could  file execution case.

9.    The learned District Forum rightly held that the provision of informing the Insurance Company within 30 days was directory and not mandatory.

          After hearing the parties at length and going through the materials on record, we find no reason to interfere with the impugned order. Accordingly this appeal is dismissed.

Issue free copy of this order to all concerned for information and needful.

            Ranchi,

            Dated:-27/02/2015