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

Tuesday the 23^rd day of  November , 2010

C.C.No 134/09

Between:

K.Vijaya Kumari, K.Dinesh Kumar, K.Himabindu, all are children of late K.Danam, Employee in APSRTC,

49/50A-496, Sreerama Nagar, Kurnool-518 002.                                                …..Complainant

-Vs-       

1. The Branch Manager, Life Insurance Corporation of India, Branch Office, 21-414, RTC Bus stand Road, Adoni-518301, Kurnool District.

2. The Divisional Manager, Divisional Office, Life Insurance Corporation of India,

   College Road, Post Box No.10, Kadapa-516 004.

3. The Depot Manager, APSRTC,

No.21-400, Adoni-518301.                                    ….…Opposite  Parties

                              This complaint is coming on this day for orders in the presence of Sri.M.Sivaji Rao,  Advocate, for complainant, and Sri.A.S.Ummer Javid Ali, Advocate for opposite parties 1 and 2  and opposite party No. 3 in person and upon perusing the material papers on record, the Forum made the following.

ORDER

(As per Sri. T.Sundara Ramaiah, President)

C.C. No.134/09

1. This complaint is filed under section 11 & 12 of C. P. Act, 1986 praying to direct the OPs

1.   to issue the claim forms  and to pay the assured amount

with profits and bonus on the three polices with interest.

1.   to pay a sum of Rs.25,000/- towards compensation for

  causing mental agony and hardship

1.   to pay the costs of the notice
2.   to pass any other order or orders which are deems to be fit

and  proper in the circumstances of the case.

(2)   The case of the complainants is as under :- The complainants father Late . K. Danam while working in APSRTC took three LIC polices bearing No.  650469559, 651428494, 652681261 from Atmakur branch of OP. Later the said policies were transferred to Adoni Branch. In the said policies the insured appointed his wife K. Obulamma @ Jayamma as nominee. The nominee died on 13-04-2002. The insured died on 22-12-2004 due to heart attack. After knowing about the three polices obtained by the father of the complainants ,the complainants  got issued legal notice dated 17-06-2009 to OP.No.1 demanding  to issue claim  forms and to pay the assured amount to them who are the legal  hires of the deceased K. Dhanam. OP.No.1 neither replied nor paid the assured amounts. Hence the complaint.    

3.     OP.No.3 remained ex-parte. OP.No.2 filed written version and the same is adopted by OP.No.1. It is stated by OP.No.2 in its written version that the complaint is not maintainable.  It is admitted that     K. Dhanam obtained three policies from the corporation and the said polices were transferred to Adoni Branch on 07-11-2002 on the request of the assured. The policy Nos 650469559 was surrendered  by the life assured on 04-10-2001 and amount was paid to him in full and final settlement of the policy. Under policy No. 652681261 the life insured nominated K. Obulamma as the nominee mentioning the relationship as wife. Later on 01-06-2004 the assured submitted an application to OP.No.1 requesting to assign the said policy infavour of   K. Jayamma and accordingly the policy was assigned infavour of       K. Jayamma on 01-06-2004. After the death of the assured the assignee K. Jayamma claimed the amount under the said policy and accordingly the amount was settled infaovur of assignee K. Jayamma by issuing a cheque bearing No. 800321 dated 30-03-2005. In respect of the policy No. 651428494 the assured nominated K. Jayamma as nominee mentioning her as his wife. After the death of the assured the claim was settled infavour of the nominee K. Jayamma and she was issued a cheque bearing No. 799528 dated 09-03-2005. Thus all the three policies were settled by the corporation. After the settlement of the amount the complainants filed the present complaint to gain wrongfully. There is no deficiency of service on the part of the OPs. The complaint is liable to be dismissed.      

  4.   On behalf of the complainants Ex.A1 to A7 are marked and the sworn affidavit of the 1^st complainant is filed.  On behalf of the opposite parties Ex.B1 to B7 are marked and the sworn affidavit of OP.No.2 is filed.

5.     The complainants and OP.No.2 filed written arguments.

6.     The points that arise for consideration are     

(i)     whether there is deficiency of service on the part of the OP.No.1 and 2 ?

(ii)    whether the  complainants are entitled to the reliefs as prayed for?

(iii)    To what relief?

7. Point No.1 & 2:  Admittedly the deceased K. Dhanam obtained three polices mentioned above from Kurnool branch of the corporation and later the said polices were transferred to Adoni Branch on          07-11-2002. Admittedly the assured K. Dhanam died on 22-12-2004 . Ex.A3 is the death certificate of the deceased K. Dhanam. It is the case of the complainants that their mother K. Obulamma @ K.Jayamma who is a nominee under the policies also died on           13-04-2002. Ex.A4 is the death certificate of Obulamma Uraf Jayamma.  It is mentioned in Ex.A4 that she died on 13-04-2002 . As seen from Ex.A3 and A4 it is very clear that the Obulamma of the insured pre deceased him. Ex.B5 is the policy obtained by the insured. In the said policy the insured appointed Sri. K. Jayamma as a nominee. Ex.B7 is subsequent policy where in the insured appointed K. Obulamma as the nominee. It is the contention of the complainants that the nominee under both the policies is their mother and that she died on 13-04-2002 before the death of their father. It is the case of the OPs that the assured during his life time made an application on 01-06-2004 requesting to assign the policy bearing No. 652681261 infavour of K. Jayamma and accordingly the said policy was assigned infavour of K. Jayamma. Ex.B3 is the application made by the assured requesting the corporation to assign the policy bearing No. 65268126 infavour of Jayamma. Accordingly the said policy was assigned infavour of Jayamma. Ex.B4 is the letter addressed by the corporation to Smt. Jayamma stating that the said policy was assigned in her faovur. The copy of the said letter was also addressed to the assured K. Dhanam. Admittedly K. Obulamma died on 13-04-2002 . If really Obulamma is also called Jayamma there is no necessity for the assured to make an application in Ex.B4 to the corporation requesting to assign the policy infavour of Jayamma. As seen from Ex.B2 and B3 it is very clear that Jayamma and Obulamma are two different persons and that Obulamma died long prior to the application for assignment of the policy made by the assured. Basing on Ex.A4 death certificate it can not be said that Obulamma is also called Jayamma. Jayamma is a different person and the assured requested the corporation to assign the policy bearing No. 652681261 infavour of K. Jayamma.

8.     Admittedly the assured obtained policy No.650469559 from the corporation. According to the OPs the assured during his life time surrendered the policy to the corporation and the amount due was paid to the assured.  The complainants did not choose to file the insurance policy. No material is placed by the complainants to show that the amount due under the policy was not settled by the corporation. It is also the case of the OPs that the policy bearing no. 652681261 was settled infavour of the assignee by name Jayamma and cheque was issued in her favour. As seen from Ex.B2 and B3 it is very clear that the above said policy was assigned infavour of K. Jayamma . Ex.B2 is the discharge voucher duly singed by K. Jayamma . As seen from Ex.B2 it is very clear that  K. Jayamma who is assignee  was paid Rs.57,700/- by the corporation . Admittedly under the other policy bearing No. 651428494 K. Jayamma is the nominee . Ex.B5 is the policy bond. After the death of the assured , Jayamma submitted the claim and she was paid an amount  of Rs.51,694/- . As seen from Ex.B1 and B2 it is very clear that the amount due under both the policies was paid to K. Jayamma who is entitled for the amounts . The OPs filed the policy bonds Ex.B5 and Ex.B7 submitted by K. Jayamma along with the claim forms. The complainants did not give any explanation as to why the claimant K. Jayamma got Ex.B5 and B7 bonds from the assured K. Dhanam. The evidence available on record go to show that the corporation settled the claims under all the three policies. No amount is due by the corporation under the polices by the date of filling to of the complaint.  As the corporation settled the  claims along piror to the filling  of he present complaint it can not be said that there is deficiency of service on the part of the OPs. The OPs acted according of the procedure and paid the entire amount due under the three polices. Therefore the complainants are not entitled to the reliefs as prayed for.

9.Point No3:   In the result the complaint is dismissed . In the circumstances no costs.

Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 23^rd day of November, 2010.

                Sd/-                                                          Sd/-

     MALE MEMBER                                                  PRESIDENT

APPENDIX OF EVIDENCE

Witnesses Examined

For the complainant : Nil            For the opposite parties : Nil

List of exhibits marked for the complainant:-

List of exhibits marked for the opposite parties:

                  Sd/-                                                                        Sd/-

         MALE MEMBER                                                                    PRESIDENT

// Certified free copy communicated under Rule 4 (10) of the

A.P.S.C.D.R.C. Rules, 1987//

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