Kerala

Idukki

CC/161/2021

Palani swami - Complainant(s)

Versus

TATA AI G General Insurance co,ltd - Opp.Party(s)

Adv.Vikraman Nair

04 Nov 2022

ORDER

 

DATE OF FILING : 16.11.2021

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the  4^th  day of  November,   2022

Present :

SRI. C. SURESHKUMAR                   PRESIDENT

SMT. ASAMOL P.                               MEMBER

SRI. AMPADY K.S.                            MEMBER

CC NO.161/2021

Between

Complainants                                           : 1.  Palaniswami, F/o. Late Vijayakumar,

                                                                      C/o. Nagaraj, House No.543/XII,

                                                                      Latchmi Estate, Old Munnar,

                                                                      Munnar P.O., Idukki – 685 612.

      2.  Bhagyalakshmi V., D/o. Vijayakumar,

          Kallar Factory Division, Nallatanni Estate,

          Munnar P.O., Idukki – 685 612.

          Minor, Represented by Grand Father,

          Palaniswami, F/o. Vijayakumar.

    3.  Bharath Kumar V., S/o. Vijayakumar,

          Kallar Factory Division, Nallatanni Estate,

          Munnar P.O., Idukki – 685 612.

          Minor, Represented by Grand Father,

          Palaniswami, F/o. Vijayakumar.

    4.  Guruvammal P., W/o. Late Palaniswami,

                                                                      No.22 AD Colony, Mundal,

                                                                      Bodinaykkannur, Theni District,

                                                                      Tamil Nadu – 625 513.

 (All by Adv: Vikraman Nair N.G.)

And

Opposite Parties                                        : 1. Tata AIG General Insurance Co. Ltd.,

                                                                       Divisional Office, Grand Bay,

                                                                      Cochin Corporation, No.64/2451 F1,

3^rd Floor, Kattakara Junction,

Kaloor, Kochi – 682 017.

            (By Adv: Thomas Sebastian)

      2. Sumesh,

          Insurance Point, Anchal,

                                                                      Chithirapuram P.O.,

                                                                      Idukki – 685 565.

  (By Adv: Philip N. Joseph)

                                        (cont....2)

 

• 2  -

 

O R D E R

 

SRI. C. SURESHKUMAR, PRESIDENT

 

Complaint filed under Section 35 of Consumer Protection Act, 2019. First complainant,namely, Palaniswamy(Late) is father of late Vijayakumar.  2^nd and 3^rd complainants are minor children of aforesaid Vijayakumar (late) and grand children of said Palaniswami. Wife of late Vijaykumar had predeceased him. 1^st opposite party is Tata AIG General Insurance Company Ltd. and 2^nd opposite party is a person named Sumesh, an insurance agent of Munnar locality.  During the pendency of case, 1^st complainant Palaniswami had died on 6.2.2022.  His wife was impleaded as additional 4^th complainant as his legal representative and also as next friend of minor 2^nd and 3^rd complainants.  Complaint is for getting insurance money in connection with the demise of late Vijayakumar in an accident.  Now complainants on record and 1^st opposite party have filed a joint memo whereby 1^st opposite party had agreed to pay Rs.15 lakhs within 45 days from the date of final order in this case, in full satisfaction of the claim, without interest or costs.  Complainants 2 to 4 had agreed to accept the offer in full satisfaction of the claim.  If amount is not paid within 45 days from the date of order, complainants will be entitled to get 6% interest from the date of order till payment.

 

          We are satisfied that the compromise arrived as in best interests of minor children.  Hence terms of compromise mentioned in joint memo are accepted.  We are also of the view that the shares to which minors are entitled should be deposited in their names in any nationalised bank convenient to the parties and the amount so deposited should be utilised only for the necessities and welfare of the minor 2^nd and 3^rd complainants, in accordance with law.

 

          In the result, complaint is dismissed as against 2^nd opposite party and allowed in part without costs, upon the following terms:

 

1.  1^st opposite party shall pay Rs.15 lakhs to complainants 2 to 4 within 45 days from the date of this order and in case of default, amount shall carry interest at the rate of 6% per annum from the date of order till realisation.

 

2.  Additional 4^th complainant shall be entitled to receive the amount for and on behalf of minor complainants 2 and 3.  Their due share shall be deposited in a nationalised bank of her choice, within 60 days of receipt and it shall be withdrawn and utilised only for the necessities and welfare of minor complainants 2 and 3 in accordance with law. Joint memo shall form part of this order.

                                                                                                              (cont....3)

• 3  -

 

3.  We make no order as to costs.

 

          Extra copies filed by parties shall be taken back by them without delay. 

 

                    Pronounced by this Commission on this the  4^th  day of November, 2022

 

 

                                                                                                    Sd/-

  SRI. C. SURESHKUMAR, PRESIDENT

                              Sd/-

           SMT. ASAMOL P., MEMBER

                                    Sd/-

SRI. AMPADY K.S., MEMBER

 

 

                                                                                         Forwarded by Order,

 

 

                                                                                    ASSISTANT REGISTRAR