West Bengal

Paschim Midnapore

CC/198/2016

Smt. Sailabati Mahato - Complainant(s)

Versus

The Branch Manager, Pancard Clubs Ltd. - Opp.Party(s)

25 Sep 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

     Bibekananda Pramanik, President,

      Pulak Kumar Singha, Member

and

    Sagarika Sarkar, Member.   

   Complaint Case No.198/2016

Smt. Sailabati Mahata @ Shailabati Mahata, W/o Late Jamini Mahata  Jamani Mahata,  Vill Nimpur Bus Stop   (Dawan Maro),  N.H.06 Road,  P.O. Rakhajangal,

P.S. Kharagpur(L), District. Paschim Medinipur..………..……Complainant.

Vs.

1. The B.M., Pancard Clubs Ltd., Jhargram Br., Panoramic Gr. of Companies, Pancard Clubs Ltd., at Raghunathpur, near Manab Scan center, P.O. & P.S.-Jhargram, Dist-Paschim Medinipur
2. Panoramic Gr. of Companies, Pancard clubs Ltd. Reg. no.11/105363, Reg. & Corporate aff 111/113, Kaliandas Udyog Bhavan, near century bazar, Prabhadevi, Mumbai-400025
3. The B.M., The New India Assurance Co. Ltd., Kharagpur Br., Inda, O.T. Road, P.S.-KGP(T), Dist-Paschim Medinipur
4. The Divisional  Manager, The New India Assurance Co. Ltd.,  Thane(W), at D.O.170100, B-201, Pinak Galaxy, Opp. Big Bazar, Kapurbawdi Janction, Majiwade, Thane(w) Pin-400607, Mumbai.……….….Opp. Parties.

                                                    

            For the Complainant  :  Mr. Rittik Ranjan Raj, Advocate.

             For the O.P.                 : Mr. Miranal Chowdhury, Advocate .

 

Decided on:25/09/2017

                               

ORDER

            Pulak Kumar Singha, Member : 

                     Complainant files  this case u/s 12 of the C.P. Act, 1986.

  In brief the case of the complainant is that,  complainant purchased one personal accidental death insurance policy being no. 323700421401000000026 valid from 24/10/2012 to 24/01/2019 and sum assured of policy is Rs.2,00,000/-(Rupees two lakhs).

                                                                                                                                                            Contd……………P/2

 

                                                                                     ( 2 )

 The complainant is the nominee of the said policy.  Insured Jamani Mahato, husband of  the present complainant being a driver of a dumper being No.WB-33B/3986, while proceeding Jatala Bazar under  keshpur P.S. and was passing another truck of that time  one road side hanging electric wire was touched with the body of the said dumper for which the whole dumper was electrified and driver Jamini Hahato sustained serious injury due to electric shock  and died in the Hospital.  Postmortem  also held over the dead body. One U.D. case was started at keshpur  P.S. Complainant being a nominee of the policy submitted claim Forum  alongwith required documents before O.P. no.1 on 13/11/2014 and knocked repeatedly  before O.P. No.1 and 4 but due to non-submission of Final report of police case O.Ps. repudiated the claim of the complainant. Finding no ways complainant approached before this Forum for getting redrassal.

O.p.no.1 and 2 in spite of received summons neither appeared nor contested the case, so the case is heard ex-parte against O.P. no.1 and 2.

O.P. nos. 3 and 4 contested the case by filing written objection denying the claim of complaint stating inter alia  that the complaint is not maintainable, complainant did not  submit required documents, complainant violates the terms and condition of policy, this O.Ps. have no deficiency of service.

Point for decision  

1. Is the complainant maintainable ?
2. Are the O.Ps. negligent and deficient of service ?
3.  Is the complainant entitled to get relief ?       

                                                                                      

Decision with reasons

         All the points are taken together for brevity, convenience and consideration. We have travelled over documents and evidence.  Fact of the case is that complainant’s husband purchased one personal accidental death claim policy from O.P. no.4 though O.P.  no.1 and sum assured of the policy is Rs.2,00,000/-. Insured Jamini Mahato being a driver died in an accidental death while  he was driving the vehicle and passes another vehicle suddenly the vehicle was electrified and said Jamini Mahato sustained severe injury and  died at Hospital. The dead body of driver was held postmortem examination. Complainant is the wife and being a nominee of the said policy lodged claim with O.P. no.4 through O.P. no.1 and submitted all relevant documents but O.P. no.3 and 4 repudiated the claim.

In support of her case complainant adduced evidence and tender herself as P.W.-1 and submitted documents which are marked exhibited.  In cross-examination complainant stated that she submitted documents to O.P. no.2 and O.P. no.1 informed that documents

                                                                                                                                               Contd……………P/3

                                                                      

                                                                                        ( 3 )

           were sent at the office of O.P. no.4. None of the O.Ps. adduced any evidence on their behalf.

It appears from the copy of insurance policy that insurance coverage was Rs.2,00,000/- for personal accidental death and policy commenced on  24/10/2012 and date of its expiry  is 24/01/2019 from the certified copy of F.I.R. and final report  it reveals that driver died while having electric wire was touched of the vehicle and electrified the said vehicle which was driving by the insured Jamini Mahato. No doubt it is an accidental death and O.Ps. neither denied or disputed in respect of death.  Fact of the case it appears that O.P. nos.1 and 2 are the agent of O.P. nos.3 and 4. Complainants husband signed documents and made payment premium amount to the office of O.P. Nos.1 and 2 and after receiving such amount O.P.no.3 and 4 issued personal accidental insurance policy in favour of insured Jamini Mahato.  Complainant had no direct nexus with O.P. no.3 and 4 and being a village rustic women complainant being a nominee knocked the offices of O.P. nos.1 and 2 and submitted relevant documents as O.P. nos.1 and 2 assured her for payment of claim amount and as such documents were also sent to the O.P. nos. 3 and 4 by O.P. nos. 1 and 2.

It also appears from the letters dated 08/01/2015, dated 06/02/2015 and dated 12/03/2015 issued by O.P. no.4 addressed to O.P. nos. 1 and 2 regarding submission of required documents but no correspondence was made with the complainant who is the nomine of the policy.  Complainant being a village illiterate women had no clear idea who is the authority to settled the claim and as premium amount paid to the O.P. nos. 1and 2 and she had the knowledge that O.P. nos.1 and 2 will salved the piolem and make payment as such relevant documents were also submitted to the office of O.P. nos.1 and  2.

At the time of argument Ld. Lawyer of complainant submits that due to non-availability of certified copy of police final report in time it could not sent to the O.Ps. Subsequently the nominee sent the copy of final report to the O.Ps.  It reveals from the certified copy of order of Ld. C.J.M., Paschim Medinipur that F.R.T. was accepted on 16/01/2016 by the Ld. Magistrate and until and unless F.R.T. is accepted by the concern court, no copy of the same is delivered from court. More over in the instant death claim Final police report is not necessary as the policy holder died due to sustained by electric shock while he was on duty. In view of the discussions here in above we  find that in the instant case there is no  disputes  or denial by the O.Ps. in respect of death or policy matters or its validity. There is a tag off was between  the O.Ps.  relating to documents where the illiterate rustic village women, nominee of the  policy is in dark and she was assured on the assurance paid by the O.P.Nos. 1 and 2, who one the collecting agent of insurance premium from insured since deceased, i.e. husband of present complainant. It appears from the complainant, documents and evidence that the complainant case is maintainable and O.Ps. are negligent

                                                                                                                                                              Contd……………P/4

                                                                       

                                                                                                 ( 4 )

and deficient in rendering service to the complainant for which  complainant is duffering mental pain, agony  and financial loss.  Such act of O.P. Complainant is entitle to get relief as prayed for.

Thus the complaint case succeeds.                      

                              Hence, it is,

                                                 Ordered,

                          that O.Ps. are jointly or severally directed to pay Rs.2,00,000/- (Sum assured) with 9% interest p.a. from 1^st December, 2015 to the complainant within one month from the date of order. O.Ps. are further directed to pay Rs.20,000/- compensation for harassment, mental pain and agony and to pay Rs.2,000/- as litigation cost to the complainant within the stipulated period mentioned above.

Failure to comply the order O.Ps. shall be  liable to pay penal cost of Rs.2,000/- per month to be paid to the Legal Aid Fund to this Forum  till realization of full payment.  

                      Let plain copy of this order be given to the parties free of cost.

 

           Dictated and Corrected by me

                         Sd/- P.K. Singha                                Sd/- S. Sarkar                        Sd/-B. Pramanik.

                                Member                                           Member                                  President

                                                                                                                                    District Forum

                                                                                                                                 Paschim Medinipur