Learned advocate for the petitioner and O.P. are present.

We have heard both side.

The claim is admitted by the O.P.

So admission decree and judgment is to be passed in this case. 

Petitioner Jayasree Saha filed this prayer U/S 12 of the Consumer Protection Act alleging that the accidental benefit of her husband deceased was not released by the O.P.  Claim was submitted before the O.P. No.1 Branch Manager LIC, Hospital Road Extension, Paradise Chowmuhani, Agartala. After persuasion Branch No.2 made payment. But O.P. no.1 refused to pay benefit of accidental death. Normal death benefit was agreed to be paid not accidental death. Separate stands was taken by two branches of LIC. In the report and other documents placed to support  that it was accidental death but inspite of that they refused pay the same. For this case was filed by the petitioner and claimed sum assured for accidental death benefit Rs.2,15,000/- and litigation cost Rs.25,000/- along with interest @ 9 % P.A.

O.P. appeared, filed no written statement and finally admitted the claim.

We have gone through the documents. Death certificate, survival ship certificate, Certificate issued by O/C Ambasa, GRP, Final report of Police Investigation, reply, calculation sheet, letters, claim statement and reference to Policy. 

From perusal of all such documents it is clear that husband of the petitioner met accidental death and died in the Dhalai District Hospital due to Cerebral Haemorrhage. Petitioner being the legal heir and nominee is entitled to get the accidental death benefit over the death of her husband and sum assured from Branch No.2. But O.P. No.1, Branch Manager, LICI failed to perform the proper duty and there was deficiency of service. The claim was finally admitted by O.P. no.1 through their appointed advocate. So, we direct O.P. no.1 to pay the accidental benefit to the petitioner, the nominee along with other benefits, if any. We also direct O.P. No.1 to pay Rs.15,000/- for deficiency of service and litigation cost Rs.5,000/- along with interest over the amount @ 7% over the amount Rs.2,15,000/- from the date of claim till date of payment. Payment is to be made within one month if not paid it will carry interest @ 9 % P.A. Direct the O.P. to pay the amount.

Case is disposed.