The complainant Lakhindar Bhagat  has filed this complaint petition against The Branch Manager, Bajaj Allianz  Company Ltd., near Jubba sahani park Muzaffarpur  and one another (o.ps) for realizing  of Rs. 1,95,000/- sum assured, Rs. 51,000/-  for compensation of physical and mental harassment &  Rs. 21,000/- as litigation cost.,  with 18 % interest p.a. on total sought amount since date of death of life insured till the date of final payment / realisation.  

 The brief, facts of the case of the complainant  Lakhindra Bhagat is that he is a nominee and husband of the L.A. namely Ramsidhari Devi.  The further case is that W/o of complainant  Late Ramsidhari  Devi (L.A) purchased policy  bearing no.-  0289570365 from  the o.p company for Rs. 1,95,000/- ( sum assured) on 19-12-2012/20-12-2012 after payment of RS. 9383/- as premium amount. The o.p company started risk coverage of L.A. of Ramsidhari Devi from 20-12-2012. The further case is that L.A. begain to suffer from diarrhea and she was treated by Dr. Vijay Kumar but unfortunately she died on 10-10-2013 at 4.30 P.M. during the treatment of Dr. Vijay Kumar. The complainant filed death claim against the aforesaid policy to the insurance company with all relevant documents but the insurance company declined the death claim of the complainant on the ground that life assured person namely Ramsidhari Devi had already died before taking policy.    

The complainant has filed the following documents with the complaint petition - photocopy of premium receipt annexure-1, photocopy of   death certificate -annexure-2, photocopy of  prescriptions Dr.  -annexure-3, photocopy  of  death certificate granted by Sarpanch of Gram Kachhari chechar   -annexure-4, photocopy of   death certificate granted by Mukhiya of the above Gram Panchayat annexure-5, photocopy of    repudiation letter annexure-6,

On issuance of summon, the o.p   appeared on            13-01-2016  but didn’t file their w.s.,  so they have been debarred from filing w.s. vide order 23-11-2018.

 Complainant has examined himself as AW-1 on affidavit.

None appeared on behalf of o.ps to argue the matter though opportunities have been provided them to argue the case.

The complainant has examined himself on deposition and he has fully supported his case in his deposition. The complainant has also filed the annexure-1 series to show that Miss. Ramsidhari Devi  (D.L.A) had taken policy – 0289570365 for Rs. 1,95,000/- . The complainant has filed annexure-6 repudiation letter to show that the o.p company has  repudiated the claim of the complainant  for submitting fake death certificate and taking policy of pre diseased. The complainant has denied this fact in his deposition. The question arises as to how an agent of the company got proposal form from the death person and as to how the company issued the premium policy bond in the name  of the person already died. On behalf of complainant death certificate annexure-2 granted by Sub registrar, has been filed. On behalf of complainant, certificate granted by Sarpanch & Mukhiya Gram Kachahari Chechar ;( annexure4 and 5) have been filed to show that late Ramsidhari Devi died on 10-10-2013. The complainant has also filed the prescriptions of Dr. Vijay Kr.to show that she was under treatment of the  aforesaid Dr. No evidence has been adduced on behalf of o.ps to controvert the above facts. Except that, the o.ps have also not filed their w.s. to deny  the fact stated by the complainant in the complaint petition itself.  On the basis of material available on record we are of the considered opinion that the o.ps have wrongly repudiated the claim of the complainant.

Accordingly the claim petition is allowed and o.ps are directed  to  pay Rs. 1,95,000/- as sum assured, to the complainant with 8 % p.a. interest from the date of filing of complaint petition dt. 05-10-2015 Rs. 20,000/- as compensation for physical and mental harassment and Rs. 10,000/- as litigation cost within 1 months from the date of  order /, on failure to pay the aforesaid amount the o.p shall be liable to pay the same with 9 %  p.a. interest till realization. Let a copy of this order be furnished to both the parties as per rule.