BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE.

DATED THIS THE 1^st DAY OF JULY 2021

PRESENT

MR. RAVISHANKAR                          : JUDICIAL MEMBER

MRS. SUNITA CHANNABASAPPA BAGEWADI :     MEMBER

                                                                                        APPEAL NO. 1459/2012

 V/s

ORDER

BY SRI RAVISHANKAR, JUDICIAL MEMBER

1.      The appellant/Opposite Party has preferred this appeal being aggrieved by the Order dt.23.04.2012 passed in CC.No.480/2011 on the file of District Consumer Disputes Redressal Commission, Dharwad.

2.      The facts leading to the appeal are as hereunder;

It is the case of the complainant that her husband had obtained Life Insurance Policy from the Opposite Party bearing policy No.0123751053 for an assured sum of Rs.1,25,000/- which commences from 19.03.2009 and the date of renewal is 19.03.2010.  The premium is an yearly premium.  Such being the case, the husband of the complainant died on 04.09.2010.  By virtue of the policy, the complainant being the nominee had claimed for settlement to the tune of Rs.1,25,000/-, but, the Opposite Party repudiated the claim as the policy was not renewed as on the date of renewal and also the claim made after a lapse of 180 days from the date of the death of the insured.  Hence, the complainant filed a complaint before the District Commission, wherein the District Commission allowed the complaint and directed the Opposite Party to pay an assured sum of Rs.1,25,000/- to the complainant with litigation expenses.

3.      Aggrieved by the said Order, the appellant/ Opposite Party is in appeal.  Heard the arguments.

4.      On going through the memorandum of appeal, certified copy of the Order and the documents before the District Commission, it is an admitted fact that the husband of the complainant Late Mr. Mallappa Heggappa Ambiger had obtained life insurance policy vide policy bearing No. No.0123751053 commences from 19.03.2009.  After obtaining the policy, the husband of the complainant died on 04.09.2010 whereas the renewal of the policy was 19.03.2010.  The complainant had no knowledge about the policy obtained by the insured, anyhow subsequently she came to know that her husband obtained the policy and immediately rushed to the insurance company and claimed for settlement.  But the appellant repudiated the claim under the ground that the policy was not renewed well within the time and also claim was made after a lapse of 180 days of death of the insured and submits inability to settle the claim.  We noticed that the District Commission had appreciated the claim considering her illiteracy and lack of knowledge about the policy obtained by her husband.  But when we look into the terms and conditions of the policy, it has to be renewed well within the time anyhow grace period is provided under the terms and conditions.  But before the expiry of the grace period and revival period, the insured was died.  It is an admitted fact that the complainant has no knowledge about the policy obtained by the insured as she was an illiterate.  Anyhow the entire assured amount is not liable to be payable.  Considering the illiteracy and lack of knowledge, the claim has to be settled under non-standard basis.  As such, the modification is required and Opposite Party is directed to pay 50% of the assured amount to the complainant under ex-gratia .  Hence, the following;

ORDER

The appeal is disposed-of.

The Order dt.23.04.2012 passed in CC.No.480/2011 on the file of District Consumer Disputes Redressal Commission, Dharwad is hereby modified as under;

The Opposite Party is directed to pay 50% of the assured sum to the complainant along with litigation cost directed by the District Commission.

The amount in deposit shall be transmitted to the District Commission for disbursement of the same to the complainant.

Forward free copies to both parties.

Sd/-                                                                  Sd/-

MEMBER                                         JUDICIAL MEMBER

KCS*