Order No. 04 Dt. 14.06.2007
In essence, grievance of the petitioner is that his son, Md. Samayun Biswas opened one J.P.A Insurance Policy bearing No. 4751220001607/E No. 47-30444 which remained in force for a period from 01.10.1999 to 30.09.2014 for a sum of Rs. 1,00,000/- who died in a motor accident on 01.03.2005 at Dariapur Public Stand at about 12-30 P.M. and subsequently shifted to Malda Sadar Hospital where he was declared dead.
On death of his son, the petitioner being the nominee intimated O.P. No. 1 & 3 (Branch Manager, New India Assurance Co. Ltd. and Manager, Golden Trust Financial Services respectively ) for which a claim form was issued by Insurance Company which was duly filled in which was subsequently sent alongwith all relevant documents to the Insurance Company; but after a lapse of time the petitioner has not received the insured amount for which he has been compelled to institute the present case for the reliefs mentioned in the petition of complaint.
O.P. Nos. 1 & 2 ( New India Assurance Co. Ltd.) contest the case by filing a joint written version denying material allegations about the death of the son from the claim of the petitioner as nominee and the act of the O.P.s are not illegal as regards their service in terms of contractual conditions and hence the prayer is for dismissal of the petition of complaint.
O.P. No. 3 ( Golden Trust Financial Services) contests the case stating therein that under the MOU this O.P. is only obliged to collect premium from the proposal and to remit the same to the Insurance Company by a consolidated cheque with a list of insured persons and as such this O.P. No. 3 cannot be fastened with any further liability and this O.P. is not responsible for any manner whatsoever for non-settlement and repudiation of claim by the Insurance Company.
On pleadings of both sides the following points are required to be disposed of :-
- Whether the petitioner is a ‘Consumer’ in terms of Sec. 2(1)(d) of the C.P. Act.?
- Whether the service of the O.P.s suffers from any deficiency?
- Whether the petitioner is entitled to get any reliefs as prayed for?
Point No. 1
‘Consumer’, in terms of Sec. 2 (1)(d) of the C.P. Act is a person who hires any services for consideration. ‘Service’ means service of any description which is made available to potential users and includes the provisions of facilities in connection with insurance as defined in Clause (O) of Sub-sec. (1) of Sec. 2 of the Act. Having regard to the facts and circumstances of the case, there can be no dispute that the present complainant is nominee in respect of claim of the insured sum by his deceased son through which the deceased hired the of the Insurance Company in connection with the insurance, for a consideration. There can be no dispute that the Insurance Company makes available its services in connection with the insurance to potential users . Thus, the complainant has become a ‘Consumer’ within the meaning of the Act as is evident from the xerox copy of the insurance certificate ( Ext-1) wherein the nominee has been mentioned as Jainul Biswas the present petitioner.
Point No. 2
To show that the services of the O.P. Nos. 1 & 2 suffers from deficiency the petitioner himself has been examined in this case as PW-1 stating that his son Md. Samayun Biswas was subscriber of one J.P.A. Policy under New India Assurance Co. Ltd. through G.T.F.S. for Rs. 1,00,000. It further appears from his testimony that his son Samayun Biswas while proceeding towards Malda through motor cycle as a pillion rider received injuries by one maxitaxi for which he was shifted to Sadar Hospital where he was declared dead. It appears that petitioner has filed the xerox copy of the F.I.R ( Ext-6) alongwith the xerox copy of the petition of complaint ( Ext-7) whether it can be gathered one maxitaxi bearing No. WB-65 2611 dashed against the pillion rider Samayun Biswas on 01.03.2005 and the P.M. Report (Ext. 9) discloses that the death was caused by one motor accident.
In the above view of the matter it can safely be concluded that death of Samayun Biswas was the cause of motor accident. The petitioner has also filed a certificate of death (Ext.5).
It further appears from the documents field by the petitioner that the claim form (Ext.4) was received by G.F.T.S. It also appears that the matter was intimated on 28.7.2005 for which an intimation was given by the G.T.F.S to submit all the original documents and one letter dt.16.1.2006 (Ext.3) is also here wherein the New India Assurance Com. asked the present petitioner to file some original documents.
On consideration of the materials referred to hereinabove the petitioner appears to have complied with all directions contained in the letters under reference issued by the Insurance Company. To it is that there is bit late to send all documents but that cannot be treated as fault on the part of the petitioner in as much as all those eleven documents were sent to G.T.F.S. by the petitioner within a short period after the death of his son and hence, this Forum is of considered opinion that even after lapse of much time the claim of the petitioner has not been satisfied which apparently proved negligence in rendering service by the Insurance Company to the petitioner which disposes of the present point in the affirmative.
Point No.3.
In the result, the case succeeds. Be it noted herein that in course of adducing evidence the petitioner has admitted as P.W. – 1 in his examination in chief that his deceased son has left his wife and one minor son who are members of his family.
Accordingly, both the wife of the deceased and his minor son are also entitled to get a portion of the amount.
This point is thus disposed of.
Proper fees have been paid.
Hence, Ordered,
that the Malda D.F. Case No.31/2007 stands decreed in part on contest against O.P. Nos. 1 & 2 (The Branch Manager, The New India Ass. Co. Ltd. Madhusudan Apartment, P-18, Dobson Lane, 2nd Floor, Howrah – 711101 and The Branch Manager, The New India Ass. Co. Ltd.,21/22, Rabindra Avenue, P.O. & Dist. Malda respectively) and stands dismissed as against O.P. No.3 (The Manager, Golden Trust Financial Services, S.B. Mansion, 16th R. N. Mukherjee Road, Kolkata – 700 001). The petitioner do get award of Rs.1,00,000/- ( rupees one lakh) only of which he will get Rs.65,000/- (rupees sixty five thousand) only and the wife Mst. Jasmin Bewa of deceased son will get Rs.20,000/- (rupees twenty thousand) only and minor son Jasim Biswas do get an amount of Rs.15,000/- (rupees fifteen thousand) only. Both the O.Ps. 1 & 2 jointly and severally do pay the aforesaid quantum within 30 days from date failing which the petitioner be at liberty to take recourse to law.
In the peculiar circumstances of the case there will be no order as to cost.
Let the copy of order be given to both the parties free of cost at once.
