A.K. Bhattacharyya, President

Today is the date fixed for order in the matter of exparte hearing of the case which was heard on 12.11.2013.

The complainant  has come up with the instant case seeking direction upon the OPs to pay Rs. 240000/-as Death Benefit/Claim and other relief on the ground that her husband Sri Swapan Singha since deceased obtained the insurance policy on 09.09.2011 being no. U030341373 from the OP having death benefit of Rs.240000/- for the period from 09.09.2011 to 09.09.2026 after payment of premium of Rs.20000/- on 07.09.2011. Unfortunately, the insured person Swapan Singha, died on 29.10.2011 due to sudden heart attack.

Thereafter, the complainant being the wife of said Swapan Singha as also nominee applied for claim in respect of the said policy before the OP who repudiated the same on 16.02.2012(as it appears from the Xerox copy of letter dtd. 01.08.2012 of the OP). But the OPs by their letter dtd. 01.08.2012 repudiated the said claim without any reason..

The OPs have not contested the case even after service of notices upon them and as such the case has been taken up exparte hearing against them and accordingly it was heard exparte on 12.11.2013.

We have carefully gone through the petition of complaint, documents filed by the complainant and considered the submission of the Ld. Advocate of the complainant. The documents shows that the said insured policy includes death of insured person as it is shown in page no. 8 of 40 of the policy schedule. The Death Certificate issued by Dr. Subrata Kumar Jana and Death Certificate of Govt. of West Bengal go to show that the complainant’s husband died of Heart attack.

According to the letter dtd. 01.08.2012(Xerox copy) of Insurance Policy of Tata AIA Life Insurance Co. Ltd. filed by the complainant, the complainant as a nominee of the insurance policy made a claim of insured amount before Tata AIA Life Insurance Co. Ltd. But Tata AIA Life Insurance Co. Ltd. had repudiated the claim returning the claim intimation of the complainant dtd. 16.02.2012, showing the question nos. 5,6,7 and 9 of step 4 in the application form submitted by the complainant’s husband. It is stated in the said letter the insured was suffering from Carcinoma with Metastasis prior to the application for insurance as it was established by their investigation but he suppressed the same. It is important to note that the OPs did not appear to contest the case inspite of service of notices upon them and have not filed any document to support their allegation/dispute made in their letter dtd. 01.08.2012. In the said letter the OP did not dispute about the said policy issued in favour of Swapan Singha since deceased.

The contentions/averments made in the petition of complaint and claim (supported by Affidavits) remain unchallenged.

Having considered the facts and circumstances of the case, documents filed on record and having regard to the discussion made above as also material on record, we are the view that the complainant had substantiated her case and the claim. We therefore, find that the OPs have deficiency in service in repudiating the claim as demanded by the complainant in respect of the said policy. In the circumstances, as aforesaid, the complainant is entitled to get direction upon the OPs for payment of Rs.240000/- as death benefit/claim and compensation of Rs.20000/- for mental pain and agony and litigation cost of Rs.2000/-.

Hence, it is,

ORDERED

that the case being no. CC-45 of 2013 be and the same is allowed exparte against the OPs. The Ops jointly and/or severally are directed to pay Rs. Rs.240000/- as death benefit/claim and compensation of Rs.20000/- for mental pain and agony and litigation cost of Rs.2000/- to the complainant within 45 days from the date of communication of this order, failing which the complainant shall have liberty to execute the order in accordance with law in which case the OPs shall be liable to pay interest @9% p.a. on the total awarded amount of Rs. 262000/- (Rs.240000/- + Rs.20000/- + Rs.2000/-) till full and final payment.