BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri K.V.H.Prasad, B.A., LL.B., President
And
Smt C.Preethi, M.A., LL.B., Member
Thursday the 19th day of April, 2007
C.C. No.26/2007
Y.Kavitha, W/o. Late. Maddileti Naidu, Aged about 29 years, House Wife,
R/o. Bandarlapalli (V) Anki Reddy Palli (P), Kolimigunda (M), Kurnool District. …Complainant
-Vs-
The Branch Manager, M/s. Bajaj Allianz General Insurance Company Limited,
Ucon Plaza, Kurnool town, Kurnool District …Opposite party
This complaint coming on this day for orders in the presence of Sri.A.Prabakar Reddy, Advocate Kurnool for complainant, and opposite party called absent set exparte and stood over for consideration till this day, the Forum made the following:-
ORDER
As per Sri. K.V.H. Prasad, President
1. This case of the complainant is filed U/S 12 of C.P Act seeking direction on the opposite party to pay to the complainant the death claim amount of Rs.1,00,000/- under the policy with interest at 12% per annum from the date of death till realization and to pay an amount of Rs.20,000/- towards mental agony and Rs.2,000/- as costs.
2. The brief facts of the complainants is that one Late Maddileti Naidu the husband of the complainant joined as member to Golden Multi Services, Club limited Kurnool under personal accident policy bearing No.OG-05-2401-9960-00000041 issued by opposite party paying necessary premium and obtained as insurance policy bond accordingly on 31-10-2005 covering the period of insurance from 31-10-2005 to 30-10-2010 covering the risk of accidental death for an assured sum of Rs.1,00,000/- nominating the complainant as his nominee. The insured died on 27-5-2006 due to snake bite and died on the way to hospital. Obtaining the death certificate of insured from Panchayat Secretary, Bandralapalli village death claim for insured amount was placed before opposite party but the opposite party neither settled the claim so far nor the opposite party responded to the legal notice Dt:20-3-2006 as to the insurance amount. Therefore, the conduct of the opposite party in non settlement of the claim is amounting to deficiency of service at the mental agony of complainant.
3. In pursuance of the notice of this forum, as to the above case of the complainant, the opposite party inspite of its service did neither appeared in person nor though the counsel and ultimately remained absent to the case proceedings.
4. Hence, the point for consideration is whether the complainant has made out the deficient conduct of service on the part of the opposite party in non settlement of the claim and thereby liability of the opposite party to the claim of the complainant.
5. In substantiation of the contentions the complainant has filed its sworn affidavit in reiteration of complaint averments and relied upon documentary record in Ex.A1 to A5.
6. The Ex.A1 the xerox of the policy bond standing in the name of Yeddula Maddileti Naidu. Its perusal indicates the issual of its original by the opposite party to the said insured to an assured sum of Rs.1,00,000/- for the risks of accidental death that occurs during the period 31-10-2005 to 30-10-2010 to the insured and the complainant is nominee of the said insured.
7. The Ex.A2 is the office copy of legal notice caused to the opposite party under Ex.A3. The said notice indicates the furnishment of all the details required for the settlement of claim to the opposite party and the non settlement of claim by the opposite party. Even though the Ex.A2 notice was acknowledged by the opposite party vide Ex.A3, in the absence of any contra material from the opposite party the averments of Ex.A2 notice remaining unrebutted from the opposite party. Hence in the said circumstances the Ex.A1 and A2 remains in favour of the complainants contentions.
8. While the Ex.A4, the xerox copy of death certificate issued by village secretary Bandralapalli, alleges the cause of death of Yeddula Maddileti Naidu on 27-5-06 at Bandralapalli, was due to snake bite, the paper publication dt:28-5-2006 of Andhra Jyoti Daily also mentions the demise of Yeddula Maddileti Naidu in Bandarlapalli due to snake bite. The cause of death so alleged in Ex.A4 and A5 and in the contentions of the complainant were not rebutted by the opposite party. Hence the death of the insured remains proved as occurred on account of snake bite. The snake bite remains as accidental one as it is an external violent means. Therefore the claim of the complainant for the demise of her diseased husband who is covered under Ex.A1 policy, remains bonafide at the liability of the opposite party.
9. As the opposite party by its non responsive conduct at the settlement of the claim of the complainant not only ensured mental agony to the complainant but also driven her to the forum for redressal of her grievance arising under the Ex.A1 policy, the opposite party is also liable to make good of the costs of this litigation to the complainant.
10. Consequently, in result of the above discussion, the complaint is allowed directing the opposite party to pay to the complainant the insured sum of Rs.1,00,000/- under Ex.A1 policy, to the complainant on account of demise of the insured of Ex.A1 due to snake bite, Rs.5,000/- as compensation for mental agony of the complainant and Rs.2,000/- as costs of this litigation within a month of the receipt of this order. In default the opposite party liable to pay the award amount with an interest at 9% P.A from the said default till realization.
Dictated to the Stenographer, transcribed by him, corrected and pronounced in the Open bench on this the 19th day of April 2007.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the Complainant:Nil For the Opposite Party: Nil
List of Exhibits marked for the complainant:
Ex.A1 Xerox copy Bajaj Allianz policy Insurance in favour of Yeddula
Maddileti Naidu.
Ex.A2 office copy of legal notice, Dt:23-10-2006.
Ex.A3 postal acknowledgment as to receipt of Ex.A2 by opposite party.
Ex.A4 xerox of death certificate.
Ex.A5 News paper in Andhra Jyoti Dt:28-5-06 as to deceased of complainants
husband.
List of Exhibits marked for the opposite party: Nil
MEMBER PRESIDENT
Copy to:
1. Y.Kavitha, W/o. Late. Maddileti Naidu, Aged about 29 years, House Wife,
R/o. Bandarlapalli (V) Anki Reddy Palli (P),Kolimigunda (M), Kurnool
District.
2. Sri. A. Prabakar Reddy, Advocate, Kurnool.
3. The Branch Manager, M/s. Bajaj Allianz General Insurance Co., Ltd.,
Ucon Plaza, Kurnool town, Kurnool District.
Copy was made ready on:
Copy was dispatched on:
Copy was delivered to parties:
