DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI

                                                                                                C.C NO. 09 OF 2015

President: Sri Rabindranath Mishra          - President.

                   Miss Sudhira Laxmi Pattanaik  - Member.

V. Sanjukta Raju, aged about 51 years,

W/O: Late V.Nageswar Raju

C/O: Srinibasa Medical Store, G. Udayagiri,

Vill: Main Road, G. Udayagiri

PS: G. Udayagiri, Dist: Kandhamal                        ………………  Complainant.

                      Vrs.

The Branch Manager,

LIC of India, Phulbani Branch,

AT/PO/PS: Phulbani Dist: Kandhamal                  ……………… OPP. Party.

For the Complainant: Sri S. Das, Advocate, Phulbani.

For the OPP. Parties: Sri Bijay Kumar Mohanty, Advocate, Phulbani  

Date of Order: 28-11-2015

                                                                                                            O R D E R

                                    The case of the Complainant in brief is that she is the nominee of her deceased husband V. Nageswar Raju being his wife. On 28-12-2008 her husband has started one Life Insurance policy bearing No. 572243820 under the plan term 014-22 and the sum assured was Rs. 55,000/- But on 15-03-2009 her husband died at G. Udayagiri Hospital due to malaria coupled with hepatic fever. The Complainant applied the O.P in the prescribed format along with documents on 08-05-2010 to get the death benefit of her husband as per the said Insurance Policy. But her claim was not settled by the O.P in spite of her repeated approach. Being the widow lady she is suffering a lot due to non receipt of the death claim from the O.P. Hence, she has filed this complaint to get the death claim of her husband with interest along with compensation of Rs. 30,000/- towards her mental agony and harassment and Rs. 5,000/- as cost of litigation.

                                    The case of the O.P as per his version is that the deceased husband of the Complainant was admitted at Community Health Center G. Udayagiri Vide Admission No. 2917/10-03-2009 for complicated Malaria coupled with hepatic fever. So, the Complainant was asked by the O.P to submit the detail report of the deceased. She has applied for death claim of her husband after one year and three months of the death of his husband. As the Complainant has not

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submitted the relevant papers, the agent of L.I.C was directed by the O.P to submit the enquire report which  is still awaiting. So, the claim of the Complainant could not be settled by the O.P. There is also heavy doubt regarding the age proof of the deceased   as well as the Complainant. As the death is early claim it is not possible to complete the enquiry in absence of enquiry report, age proof and medical treatment papers of the deceased. Hence, the Complainant is not entitled to get any relief as claimed and the complaint is to be dismissed in the interest of justice.

                                    During the period of hearing neither the Complainant nor the O.P has filed any affidavit in support of their case. However we have heard the learned counsel of both the parties. We have gone through the complaint petition, version of the O.P and the copy of the documents filed by the Complainant. It is an admitted fact that the deceased died on 15-03-2009 at G. Udayagiri Hospital due to Malaria coupled with hepatic fever. The Complainant has filed the copy of the death certificate of her husband and the copy of the relevant treatment papers of her husband supplied by Community Health Center G. Udayagiri. The O.P has not filed any papers or documents to disbelieve the claim of the Complainant. Hence, the Complainant is entitled to get the death benefit of her deceased husband as claimed. In the mean time 6 years has already been passed since the death of the deceased. In the above circumstances the Complaint filed by the Complainant is allowed on contest.

                                    The Opposite Party is directed to settle the claim of the Complainant and to pay Rs.55.000/- the assured sum of the policy along with other benefits applicable in the policy with 9 % annul interest from the date of filing of this case it is from 10-03-2015 till the date of realization . The O.P is further directed to pay Rs. 1,000/- as cost of litigation to the Complainant. The said order be complied within 30 days from the date of receipt of this order.

                                    The C.C is disposed-of accordingly .Supply free copies of this order to both the parties at an early date.

                                                                                          MEMBER                                   PRESIDENT