BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri. T.Sundara Ramaiah , B.Com B.L., President
And
Sri. M.Krishna Reddy , M.Sc., M.Phil., Male Member
Friday the 11th day of February, 2011
C.C.No 100/10
Between:
Nasreen alias Nasurunnisa, W/o late B. Mahammed Rafeeq,
Presently resident of D.No.56-84-D3, Khanderi Street, Kurnool - 518 001.
…..Complainant
-Vs-
The Branch Manager, L.I.C. of India, River view colony,
Kurnool - 518 002.
…OPPOSITE PARTy
This complaint is coming on this day for orders in the presence of Sri. M. Azmathulla, Advocate for complainant, and Sri. I. Anantha Rama Sastry, Advocate for opposite party and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. T.Sundara Ramaiah, President)
C.C. No. 100/10
1. This complaint is filed under section 11 and 12 of C. P. Act, 1986 praying to:-
(a) To pass an award directing the opposite party to pay RS.1,00,000/- towards assured amount and also directed to pay the bonus under the policy,
(b) To award RS. 50,000/- towards compensation for
causing mental agony and for hardship to the complainant,
(c) To award interest at the rate of 36% p.a. from the date of the accident.
(d) To award cost of the complainant.
And
(e) To pass such other relief or reliefs as the Honorable Forum deems to be fit and proper in the circumstances of the case.
2. The case of the complainant’s in brief is as under:- The complainant is the wife of B. Mahammed Rafeeq who died on 08-08-2009. In the year 2005 the deceased obtained insurance policy bearing No. 653394296 for Rs.1,00,000/- from the opposite party. While the policy was in force the complainant husband died on 08-08-2009 in Government General Hospital, Kurnool due to ill health. As per the terms and conditions of the policy the opposite party has to pay the assured amount and bonus to the beneficiary. The complainant informed about the death of her husband to the opposite party orals. But there was not response. The complainant also got issued a death intimation of her husband through her advocate. The opposite party issued a letter dated 24-08-2009 requesting to submit death certificate along with policy bond. The complainant submitted original death certificate to the opposite party. The original bond was misplaced in the floods. In spite of several requests the opposite party did not settle the claim. Hence the complaint.
3. Opposite party filed written version, stating that the complaint is not maintainable. The deceased B.Mahammed Rageeq had taken policy No.653394296 from opposite party. The premium was payable quarterly. The policy commenced on 22-01-2004. The assured nominated his mother B.Bhanu Bi as a nominee. After receiving the death intimation of the assured, the opposite party sent the claim form to the nominee Smt. B.Bhanu Bi on 29-01-2010. The nominee alone is entitled to give valid discharge for death claim. The complainant is not the nominee and she has no locus standi to file the claim. The policy was not in force by the date of death of life assured. The policy is lapsed for a period of 1 year 3 months and 16 days as on the date of death of the assured. The complainant is not entitled to any benefits under the policy. The complainant suppressed material facts and filed the complainant. The complaint is liable to be dismissed.
4. On behalf of the complainant Ex.A1 to A6 are marked and sworn affidavits of the complainant and Smt B.Bhanu Bi are filed. On behalf of the opposite party Ex.B1 to B3 are marked and sworn affidavit of opposite party is filed.
5. Both sides filed written argument.
6. The points that arise for consideration are:
- Whether there is deficiency of service on the part of the Opposite Party?
- Whether the complainant is entitled to the benefits as prayed for?
(c) To what relief?
7. POINT No.1 & 2 :- Admittedly B.Mahammed Rafeeq insured his life and the opposite party issued Ex.B2 policy in favour of the assured. The premium of Rs.2,418/- was payable quarterly. The policy commenced on 22-01-2004 B.Bhanu Bi (mother) of the deceased B.Mahammed Rafeeq is the nominee under the said policy. The complainant to show that her husband died on 08-08-2009 relied on Ex.A5 death certificate issued by registrar of births and deaths Kurnool Municipal Corporation. It is mentioned in Ex.A5 that Mahammed Rafeeq.B died on 08-08-2009. The fact that the assured died on 08-08-2009 is not under dispute. It is the case of the opposite party that the policy was not in force by the date of the death of life assured and it was lapsed 1 year 3 months and 16 days prior to the death of life assured. The opposite party filed Ex.B3 showing the amount payable to the nominee. The complainant did not file any document to show that premium dues before the deaths of Mahammed Rafeeq were paid. It is clearly stated in the affidavit evidence of the opposite party that the policy was lapsed long before the death of the assured. As the policy was lapsed, the nominee is entitled to paid up value only.
8. It is the case of the complainant that she is entitled to benefits under the policy. It is stated by her in sworn affidavit that she is the wife of the deceased. She filed Ex.A6 family members certificate where in it is mentioned that the complainant is the wife of the B.Mahammed Rafeeq. It is also mentioned in Ex.A6 that the deceased got two minor daughters. Admittedly the minor daughters of the deceased are not shown as complainants. Admittedly the deceased also got mother who is the nominee under the policy. She is also not shown as one of the complainants. No doubt the complainant filed sworn affidavit of her mother-in-law B.Bhanu Bi where in it is stated that she has no objection to pay the benefits under the policy to the complainant. The complainant is not sole heir of the deceased. The complainant ought to have added the two minor daughters and mother of the deceased as complainants. It is submitted by the learned counsel appearing for the opposite party that B.Bhanu Bi who is nominee under the policy did not make any claim under the policy and that the insurance company is not liable to pay the amount to the complainant. It is the nominee who is entitled to receive the amount due under the policy. No doubt the complainant sent representation to the opposite party requesting to settle the claim in her favour. As there is nominee under the policy the opposite party could not settle the claim in favour of the complainant. The complainant who is not a nominee is not entitled to fill the present complainant during the life tile of B.Bhanu Bi who is a nominee under the policy. It is submitted by the learned counsel appearing for the opposite party that the insurance company is ready to pay the paid up value to the nominee under the policy. The nominee can submit claim form to the opposite party. It is the nominee who can give valid discharge for death claim. No negligence or deficiency of service is found on the part of the opposite party. It is a nominee under the policy, who can receive the benefits under the policy. It is open to the complainant to submit the claim form through her mother in law who is a nominee under the policy. The complainant alone is not entitled to the benefits under the policy.
9. In the result the complaint is dismissed without cost. The opposite party is directed to settle the claim immediately after obtaining the required documents from the nominee under the policy.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 11th day of February, 2011.
Sd/- Sd/-
MALEMEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite party : Nill
List of exhibits marked for the complainant:-
Ex.A1 Statement of the Policy from 2005 to 2007.
Ex.A2. Intimation dated 22-08-2009 with postal acknowledgement.
Ex.A3 Notice of the opposite party dated 24-08-2009.
Ex.A4 Notice dated 19-01-2010 with postal acknowledgement.
Ex.A5 Death Certificate of the complainant’s husband.
Ex.A6 Photo copy of Family member certificate
dated 30-09-2009.
List of exhibits marked for the opposite party:-
Ex.B1 Proposal form dated 18-01-2004.
Ex.B2 Photo copy of policy No.653394296.
Ex.B3 Status report of policy No.653394296.
Sd/- Sd/-
MALE MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
Copy was made ready on :
Copy was dispatched on :
