1. The complaint petition U/s-12 of the C.P Act has been filed by the Complainants claiming the Insurance amount & compensation alleging deficiency-in-service.

                        2. Complainants’ case, in brief, is that they are the Legal Heirs of deceased Kailash Muduli, who had purchased a Hero Honda Motor Cycle bearing Regd. No. OR-01V-0754 on 01.06.2012 from the showroom of O.P No.4. As such, he became a member of Hero Good Life and insured his life under Group Personal Accident Scheme in National Insurance Company (O.P No.1 & 3). On the date of purchase, he has deposited Rs. 250/- as the first premium for the Insurance cover. Unfortunately, Kailash Muduli & his wife Umamani Muduli died in a road accident on 29.07.2012 due to a Truck bearing No. WB-19F-0888 dashed against their Motor cycle near Village-Daradia over N.H-5. Debendra Muduli, elder brother of Kailash Muduli intimated such fact to O.P No.4 & O.P No.1 on 16.08.12 & 17.08.12 respectively. Along with the intimation, he claimed insurance amount, but the latter did not take any steps for payment of insurance amount. Hence, the Complainant sent Legal Notices to them on 02.12.12 & 14.07.12. Her Advocate also sent copies of relevant documents to the Insurance Company. When they failed in their attempts to get the insurance amount to the tune of Rs. 1 Lakh, filed their case for the insurance amount of Rs. 1 Lakh & compensation of Rs. 50,000/- towards the harassments & mental agony they faced along with litigation cost.

                        3. O.P No.1 & 3 filed their written version challenging the maintainability of the C.D Case & denying the entire case of the Complainant. However, they admit that Good Life programme was initiated by the O.P as Group Personal Accident Policy, insured amount of which is Rs.1 Lakh for 1 year in the event of accidental death of the insured/Purchaser of the vehicle. They also admit that deceased Kailash Muduli purchased a Hero Honda Motor Cycle on 01.06.2012 from O.P No.4 & Kailash directly insured his motor cycle with the dealer & as such became a member of Hero Honda Good Life, which granted Card bearing No. 1085700018476894. Insured period covered from the date of purchase till 31.05.15 for Rs. 1 Lakh. It is stated that, in furtherance of settlement of the Insurance claim, O.P No.1 requested for the bank account details of the deceased, Legal Heir Certificate of the Complainant & No objection certificate in the shape of affidavit of Complainant No.4. Though O.P No.1 & 3 admitted the substantial part of the Complainants’ case, they have pleaded for dismissal of the complaint petition with cost.           

                        4.  O.P No.2 & 4 filed their written statement jointly challenging the maintainability of the complaint petition as well as its cause of action. First of all, they deny the factual aspect of the Petitioners’ case & invite strict proof of the same. On the other hand, they admit all the informations & documents on record. They have also admitted about their business & location of their offices. Ultimately, they pray for dismissal of the C.D Case as there is no allegation of deficiency-in-service against them.

                        5. Now, it is to be seen if the Complainants suffered a lot due to deficiency-in-service, which should have been rendered by the O.Ps.

                        6. We have heard the Adv. for all the Parties & perused the documents on record. Adv. for the Complainants has filed the copies of the money receipt granted by the O.P No.4 towards the value of the motor cycle, copy of case receipt voucher, copy of retail invoice, copy of regd. Certificate etc.  O.P No.2 & 4 have not whispered a single word as regard purchase of the motor cycle by Kailash Muduli from their showroom. O.P No.1 & 3 had categorically mentioned in their written statement that Kailash Muduli purchased a Hero Honda Motor cycle having Engine No. HA11ECC9E33769 & Chassis No. MBLHA11ENC9E17347 from the showroom of O.P No.4 on 01.06.12. In addition to such admission, the documents filed by the Complainants clearly go to show that on 01.06.12, Kailash Muduli purchased a Hero Honda Motor cycle for Rs. 42,857/- by paying cash & subsequently got it registered vide Regd. No. OR-01V-0754. Adv. for the Complainants has filed the copies of the Pleader Notices issued to O.P No.1 for the settlement of the insurance claim. He has clearly mentioned the Regd. No. of the vehicle, Engine No., Chassis No., Insurance membership no. & Insurance Policy No. in the Pleader Notice. He has also filed the reply of O.P No.1 in response to such notice. In the reply letter, O.P No.1 has mentioned that the Policy No. in question does not relate to Kailash Muduli & sought for correct information. On the other hand, in their written statement, O.P No.1 & 3 have admitted that Kailash Muduli has insured the motor cycle & also admitted Engine No. & Chassis No. of the insured vehicle. Such information are identical to the description furnished by the Complainants. The Complainants have filed their money receipts in payment of premium of Insurance amount & photocopy of Personal Accident Insurance claim form. On the date of purchase itself, the premium has been paid. In view of the documents filed by the Complainants & subsequent admission by O.P No.1 & 3, newly purchased Hero Honda Motor cycle of Kailash Muduli was insured with O.P No.1 & 3 on the date of purchase itself & the insurance covered for the period starting from 01.06.12 till 31.05.15.

                        7. The Complainants have filed the photo copies of the F.I.R in Khantapada Police Station Case No. 202, dt. 29.07.12 U/s.-279/337/338/304(A) I.P.C. He has also filed the photo copies of the Charge-sheet, seizure list, Zimanama, dead body chalan, Inquest report & Post-mortem report of that case. It goes to show that on 29.07.12, while Kailash & his wife were going on their Motor cycle (OR-01V-0754), a truck bearing Regd. No. WB-19F-0888 dashed against them causing their instantaneous death. Their dead bodies were subjected to Post-mortem examination. After due investigation, Police submitted the Charge-sheet against the driver of the truck for causing death of persons due to negligence driving. It is therefore, amply established that Kailash Muduli & his wife died in a road accident while they were going on their Hero Honda Motor cycle. Damaged motor cycle has also been seized by the Police. As per the version of O.P No.1 & 3 and the Insurance Policy, Kailash Muduli had insured against loss of life due to accident under Group Personal Accident Policy.  O.P No.1 & 3 have also identified the Group Personal Accident Policy No. of Kailash. As per the stipulation in the Policy, the Legal heirs of Kailash Muduli are entitled to the insurance amount due to accidental death of Kailash Muduli. Though, O.P No.1 & 3 have admitted their liability to pay the insurance amounts, they have not paid the same for more than 3 years on the pretext that they were not supplied with the required documents like “no claim affidavit” of Complainant No.4 & their bank particulars. It is a naive plea. On the other hand, the Adv. for the Complainants has filed a photocopy of his letter addressed to his company along with relevant documents like Legal heir certificate, Affidavit of Complainant No.4 & Bank Account particulars.

                        8. As per the Legal Heir certificate issued by the Tahasildar, Bahanaga, Mandakini Muduli & Soudamini Muduli are the daughters, Lambodar Muduli is the son & Tipiri Muduli is the mother of Late Kailash Muduli, S/o. Late Surendra Muduli of Village-Daradia & the formers are the Legal heirs of the latter. Death certificate of Kailash has been filed along with an affidavit sworn in by Tipiri Muduli that she has no objection if Mandakini Muduli receives the claim amount on her behalf & on behalf of minor Soudamini & her brother. As it appears, Mandakini is now a major. The interest of two minors & old grandmother will be better served if Mandakini receives the Insurance amount & such other related amount on behalf of her minor sister, brother & old grandmother.

                        9. The Complainants have claimed Rs. 50,000/- as compensation along with the insured amount by stating that they were subjected to unnecessary harassment, expenditure & mental agony due to  non-disbursement of their legitimate claim. In fact, more than 3 years have passed from the date of claim of the insurance amount. Several Pleader Notices have been issued to O.P No.1. Both the parents of Complainant-1 to 3 died in the accident. Their old grandmother is living with them. Precarious condition of the Complainants can be well imagined in the aforesaid background. Though Complainant-1 is major, she has just attained majority & that too, she is a girl. They did not receive the insured amount at the right earnest, which would have rendered some assistance to the bereaved family. Furthermore, the insured amount could have fetched some interest in the meanwhile. Hence, we considered it be a fit case where adequate compensation should be awarded in favour of the Complainants & we assess it at Rs. 30,000/-.

                        10. It is therefore, ordered that the C.D Case is allowed against O.P No.1 & 3 with a litigation cost of Rs. 2,000/- & compensation of Rs. 30,000/-. Case against O.P No.2 & 4 is dismissed. O.P No.1 & 3 will pay the Complainants the insured amount of Rs. 1 Lakh, compensation of Rs. 30,000/- & litigation cost of Rs. 2,000/- within one month from the date of communication of this order; failing which they will pay simple interest @ 9% per annum on the aforesaid amount to the Complainants from the date of communication of the order to them. It is made clear that, Complainant Mandakini Muduli will receive the entire amount on her behalf & on behalf of other 3 Complainants, for equitable distribution of amounts amongst themselves.

                              Pronounced in the open Court this the 12th day of August, 2015 given under my Signature & Seal of the Forum.