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
Thursday the 08th day of April , 2010
C.C.No. 85/09
Between:
T.Boya Ankatamma Alies T.Ankalamma, W/o. Late T.Chinna Maddileti,
R/o H.No.1/82, Paramatur Post, Bandi Atmakur Mandal, Kurnool District-518513. …..Complainant
-Vs-
1 The Branch Manager, Life Insurance Corporation of India,
2. The Divisional Manager, Life Insurance Corporation of India,
Post Box.1-55, Jeevan Prakash Building, College Road, Kadapa-516 002. …Opposite PartieS
This complaint is coming on this day for orders in the presence of Sri.V.Venkateswara Reddy, Advocate, for the complainant, and Sri.L.Hari Hara Natha Reddy, Advocate for opposite parties and upon perusing the material papers on record, the Forum made the following
ORDER
(As per Sri. T.Sundara Ramiah, President)
C.C. No.85/09
1. This complaint is filed under section 12 of the C. P. Act,1986 praying to
a) declare the rejection of the claim as illegal.
b) direct the opposite parties to pay the death claim amount of Rs.1,00,000/- and bonus to the complainant .
c) direct the opposite parties to pay future interest at 24% p.a from the date of the death till the payment.
d) direct the opposite parties to pay an amount of Rs.20,000/- towards cost of the proceedings.
e) direct the opposite parties to pay an amount of Rs.20,000/- to the complainant towards mental agony for non payment of death claim in time.
f) grant such the other reliefs as the Hon’ble forum may deem to fit and proper in the circumstances of the case.
2. The case of the complainant is as follows:- The complainant is the wife of Late T. Chinna Maddileti who insured his life with the opposite party No. 1under policy bearing No.654272833 for Rs.50,000/- . On 17-03-2007 Late T. Chinna Maddileti fallen in K. C. canal from the bridge at Paramatur village accidentally and as a result he died . The complainant who is the wife of the deceased gave a report to Bandiatmakur P.S and a case in Cr. No. 45/07 was registered U/S 174 Cr.P.C. The complainant who is the nominee in the said policy submitted claim form to the opposite parties. The said claim was repudiated by the opposite party No. 2 . The rejection of the claim of the complainant is illegal and there is deficiency of service on the part of the opposite parties . As the death of the husband of the complainant is accidental the opposite parties are liable to pay the double amount and bonus to the complainant. Hence the complaint.
3. The opposite party No. 2 filed written version and the same was adopted by opposite party No. 1 . It is stated in the written version of the opposite party No. 2 that the complaint is not maintainable . It is true that the deceased T. Chinna Maddileti took a policy for a sum assured of Rs.50,000/- . The complainant is the nominee under the said policy . The death of the assured happened under suspicious circumstances. The cause of death was due to drowning in the canal. There was a property dispute between the assured and his son .Due to the said dispute the assured was staying away from his house and he committed suicide by falling into canal. The cause of the death is due to suicide only but not accidental . As the assured committed suicide , the opposite parties are not liable to pay any compensation to the complainant . There was no deficiency in service on the part of the opposite parties and the complaint is liable to be dismissed.
4. On behalf of the complainant Ex. A1 to A7 are marked and on behalf of the opposite parties Ex.B1 is marked .
5. On the basis of the above pleadings the points that arise for consideration are
(i) whether there is any deficiency of service on the part of the
respondents/ opposite parties ?
(ii) Whether the complainant is entitled to the relief as prayed for?
(iii) To what relief?
Both parties filed written arguments.
6. Point No.1 & 2: Admittedly T. Chinna Maddileti insured his life with the opposite party No. 1 under policy No. 654272833 for Rs.50,000/-. The policy commenced on 28-04-2006 and the complainant is the nominee in the said policy. Ex.B1 is the insurance policy . There is no dispute about Chinna Maddileti insuring his life with the opposite party No. 1 . Admittedly the Chinna Maddileti died on 17-03-2007 by drowning in the canal at Paramatur (V) . Admittedly after the death of Chinna Maddileti the complainant gave a report to Bandiatmakur P.S and it was registered as a case in Cr.No.45/07 U/s 174 Cr.P.C. Ex.A1 is the copy of the said FIR . It is also admitted that the complainant submitted a claim form claiming the amount and the said claim was rejected by the opposite parties stating that the Chinna Maddielti committed suicide . Ex.A7 is the copy of the order dated 30-10-2008.
7. According to the complainant her husband died accidentally by falling into the canal on 18-03-2007 . It is the contention of the opposite parties that there was a property dispute between the deceased and his son and due to the said dispute Chinna Maddielti committed suicide by falling into the canal . Admittedly on the basis of the complaint given by the complainant the case was registered by Bandiatmakur P.S in Cr.No. 45/07 U/s 174 Cr.P.C . In the said complaint given by the complainant there is no mention that there were disputes between the deceased and his the son and on account of said dispute the deceased was staying away . Ex.A2 is the inquest report . In the inquest report there is no mention that Chinna Maddileti died by committing suicide on 18-03-2007 . It is simply mentioned in the inquest report that Chinna Maddielti died by falling into the canal form the bridge . It is no where mentioned . Ex.A2 that Chinna Maddielit died by committing suicide . No doubt in Ex.A4 letter addressed by the SHO , Bandiatmakur P.S it is mentioned that there is simple dispute between the deceased and his son and that the son of the deceased left the house and staying in Embai (V) near Rudravaram Mandal.
8. The burden is on the opposite parties to show that Chinna Maddileti died by committing suicide . There is no satisfactory evidence on record to show that Maddileti died by committing suicide. The opposite parties assuming that Maddileti died by committing suicide repudiated the claim of the complainant . The repudiation of the claim of the complainant by the opposite parties is not based on sound reasons. The complainant in her sworn affidavit clearly affirmed that her husband died accidentally but not by committing suicide . Admittedly the policy was in force by the date of the death of the deceased. The opposite parties negligently refused to pay the amount, due under the policy .There was deficiency of service on the part of opposite parties. They are liable to pay the benefits under the policy to the complainant who is the nominee under the policy . Due to the non payment of the amount by the opposite parties the complaint suffered mental agony and that the opposite parties are also liable to pay the amount of Rs.1,000/- to the complainant for mental agony.
9. Point No. 3 : In the result the complainant is partly allowed directing the opposite parties jointly and severally to pay Rs.50,000/- along with other benefits under the policy, to pay mental agony of Rs.1,000/- and costs Rs.500/- with interest at 9% p.a from the date of the repudiation of the claim i.,e 30-10-2008 till the date of payment .
Dictated to the stenographer, transcribed by her , corrected and pronounced by us in the open bench on this the 08th day of April, 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:-
Ex.A1. Xerox copy of FIR in Cr.No. 45/07 of Bandi Atmakur
Ex.A2. Xerox copy of Inquest report of deceased T.Chinna Maddilety.
Ex.A3. Xerox copy of postmortem certificate of deceased
T.Chinna Maddilety.
Ex.A4. Xerox copy of letter dated nil to the Sub Divisional Police
Officer, from Sub-Inspector of Police Bandi Atmakur P.S.
Ex.A5. Proceedings of the Sub Divisional Police Officer, Nandyal
Sub Divisional dated 24-02-2008.
Ex.A6. Status report of policy bearing No.654272833 issued by
First opposite party.
Ex.A7. Rejection of claim letter dated 30-10-2008 send by second
Opposite party to the complainant .
List of exhibits marked for the opposite parties:
Ex.B1. Original policy bond bearing No.654272833.
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 :
