BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri.T.Sundara Ramaiah , B.Com B.L., President
And
Sri. M.Krishna Reddy , M.Sc.,M.Phil., Male Member
Tuesday the 20th day of April , 2010
C.C.No. 191/08
Between:
E.Parvathamma, S/o Late E.Yellappa,
H.No.2-46, Near Chedudi Bhavi, Chinnapudella Village, Peapully Mandal, Kurnool Dist.518223.
…Complainant
-Vs-
1. The Branch Manager,
LIC of India, D.No.8-85-4-1,Dhone-518222.
2. The Senior Divisional Manager, LIC of India, Divisional Office,
P.Box NO.10, D.No.1/55 College Road, Kadapa 516004.
…Opposite ParTIES
This complaint is coming on this day for orders in the presence of Sri. M. Sivaji Rao, Advocate, for the complainant, and Sri. A.V.Subramanyam , Advocate for opposite parties and upon perusing the material papers on record, the Forum made the following
ORDER
(As per Sri. T.Sundara Ramiah, President)
C.C. No.191/08
1. This complaint is filed under section 11 and 12 of the C. P. Act,1986 praying
a) to pay the assured amount of Rs.50,000/- with interest @ 12 p.a from the date of death.
b) to pay the compensation and costs of this complaint.
c) to pass any such order or orders as the Hon’ble Forum may feels deems to be fit and proper in the circumstances of the case.
2. The case of the complainant in brief is as follows:- The complainant is the wife of the deceased Late E. Yellappa . E. Yellappa submitted his proposal form to the opposite party No. 1 on 22-08-2006 and obtained the policy bearing No.654120255 for a sum of Rs.50,000/- . The complainant is the nominee under the said policy . E. Yellappa died on 12-09-2006 due to Heart Attack . After the death of her husband the complainant submitted her claim to the opposite party No. 1 for the assured amount. The opposite party No. 2 illegally repudiated the claim of the complainant basing on the mistaken date of death mentioned in the death certificate issued by Panchayat Secretary , Pedda Puddella . After knowing about the bonafied mistake mentioned in the death certificate the complainant approached the opposite parties for payment of the amount assured under the policy. The complainant also submitted the correct date of death certificate issued by Tahsildar , Peapully. Inpsite of the correct date of birth furnished by the complainant the opposite parties did not pay the amount assured under the policy to the complainant . The complainant got issued a legal notice demanding to pay the assured amount but the amount was not paid . Hence the complaint.
3. The opposite party No. 2 filed written version and the same was adopted by opposite party No. 1 . The case of the opposite parties is that the complaint is not maintainable . It is admitted that the deceased Late E. Yellappa insured his life with opposite party No. 1 branch . The deceased life assured executed the proposal dated 22-08-2006 in Telugu . The date of death of the complainants husband was 12-06-2006 i.e prior to date of proposal of policy. The complainant was illiterate and obtained policy fraudulently after the death of her husband . There is discrepancy with regard to date of death of the deceased. There was no deficiency of service and the complaint is liable to be dismissed.
4. On behalf of the complainant, P.W.1 is examined and Ex. A1 to A7, Ex. X1 are marked. On behalf of the opposite parties Ex.B1 to B9 are marked.
5. On the basis of the above pleadings the points that arise for consideration are
(i) whether there is any deficiency of service on the part of the
Respondents / opposite parties ?
(ii) Whether the complainant is entitled to the relief as prayed for?
(iii) To what relief?
Both parties filed written arguments.
6. Point No.1 & 2: It is the case of the complainant that she is the wife of E. Yellappa and that her husband took the policy bearing No. 654120255 from the opposite parties and that he died on 12-09-2006 due to heart attack . On the other hand it is the contention of the opposite parties that the complainant obtained the policy fraudulently in the name of her husband after his death and that the complainant is not entitled for the assured amount . The opposite parties in their written version clearly admitted that the deceased Late E. Yellappa insured his life with opposite party No. 1 branch . It is also admitted that the deceased executed the proposal dated 22-08-2006 in Telugu. Having admitted in para No. 3 of the written version that the deceased executed the proposal dated 22-08-2006 and obtained the policy , the opposite parties in the next para i.e, No.4 denied that the deceased submitted proposal form dated 22-08-2006.
7. The opposite parties filed Ex.B2 proposal form dated 22-08-2006. It is duly signed by M. Venkateswarulu the agent of the LIC. Ex.B3 is the insurance policy. As seen from Ex.B3 insurance policy it is very clear that basing on the proposal No.1802 dated 22-08-2006 the corporation issued the policy . Ex.B3 policy was inforce from 28-08-2006 . No doubt the opposite parties filed Ex.B1 death certificate issued by Panchayat Secretary, Peddapodilla Sachivalayam. In the said certificate it is mentioned that E. Yellappa died on 12-06-2006. If Yellappa died on 12-06-2006 it is not know as to how M. Venkateswarulu the agent of the LIC submitted the proposal form dated 22-08-2006 duly signed by the Yellappa. The contention of the opposite parties that Yellappa died before the issuance of Ex.B3 policy cannot be believed. The opposite parties having issued Ex.B3 in the name of Yellappa now cannot turn and say that Ex.B3 was issued in the name of Yellappa after his death.
8. Admittedly the complainant who is the wife of Yellappa submitted claim statement to the opposite parties mentioning that her husband died on 12-06-2006. Ex.B5 is the said claim form. The opposite parties repudiated the claim of the complainant under Ex.B9 stating that the husband of the complainant died on 12-06-2006 i.e, before the date of issuing the insurance policy Ex.B3. Now there is controversy regarding the date of the death of Yellappa husband of the complainant. The complainant to prove the correct date of death of Yellappa got examined P.W.1. Panchayat Secretary, Chinna Pudella (V) and also relied on Ex.X1 entry in the birth and death register maintained during the year 2006. It is clearly stated by P.W1 who worked as a Panchayat Secretary, Chinna Puddella that E. Yellappa died on 12-09-2006 and that he made an entry in the birth and death register of Panchayat on 13-09-2006 at Sl.No. 13. Ex.X1 is the said entry across Sl.No. 13 in the death and birth register of Chinna Puddella (V) .As seen from the evidence of P.W.1 and Ex.X1 it is beyond reasonable doubt that Yellappa husband of the complainant died on 12-09-2006. There is no entry in birth and death register of the year 2006 of Chinna Puddella Gram Panchayat that Yellappa died on 12-06-2006 . The complainant also filed Ex.A1 death certificate issued by Tahasildar, Pedda Puddella (M), Kurnool (District) Where in it is clear stated that Yellappa died on 12-09-2006. No doubt the opposite parties repudiated the claim basing on the death certificate issued by the P.W1 where in it is mentioned that Yellappa died on 12-06-2006 . But from the evidence available on regard it is very clear that Yellappa died on 12-09-2006 not on 12-06-2006.
9. It is the contention of the complainant that after knowing about the wrong date of death mentioned in the certificate issued by the PW.1 ,the complainant obtained Ex.A1 and got issued a legal notice to the opposite parties stating that Yellappa died on 12-09-2006, but the opposite parties did not pay the amount due under the policy . Ex.A4 is the legal notice got issued by the complainant to the opposite parties. After receiving the said notice the opposite parties got issued a reply stating that they called for verification regarding two death certificates from the District authorities and that they shall reconsidered the claim basing on the bonafides of the claim. Ex.A7 is the reply given by the opposite parties. As already stated P.W. 1 the Panchayat Secretary clearly in his evidence stated that Yellappa died on 12-09-2006 but not on 12-06-2006 .The birth and death register is an authenticated document where in it is clearly mentioned that Yellappa died on 12-09-2006 . In view of the evidence available on record I have no hesitation to hold that Yellappa died on 12-09-2006 . Even after the receipt of the legal notice by the opposite parties they have not chosen to pay the assured amount and other benefits to the complainant . There is deficiency of service on the part of the opposite parties and they are liable to pay the assured amount of Rs.50,000/- to the complainant .
10. Point No.3:- In the result the complainant is partly allowed directing the opposite parties jointly and severally to pay Rs.50,000/- to pay compensation of Rs. 500/- and costs Rs.500/- with interest at 9% p.a on Rs.50,000/- from the date of the legal notice i.e 22-10-08 till the date of payment.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 20th day of April, 2010.
Sd/- Sd/-
MALE MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : For the opposite parties :Nil
PW.1 Deposition of PW.1
(S.Madanna) dated 30-06-2009
List of exhibits marked for the complainant:-
Ex.A1. Death certificate issued by Tahsildar dated 25-07-2007.
Ex.A2. Death certificate dated 19-09-2006.
Ex.A3. Repudiation certificate issued by the OP.No.2 dated
03-08-2007.
Ex.A4. Legal notice dated 22-10-2008 along with postal receipts
and acknowledgements.
Ex.A5. Certificate dated 19-03-2009.
Ex.A6. Certificate dated 16-03-2009.
Ex.A7. Reply given by the opposite parties
Ex.X1. Birth and Death Register.
List of exhibits marked for the opposite parties:
Ex.B1. Xerox copy of death certificate dated 12-06-2006.
Ex.B2. Proposal form dated 22-08-2006.
Ex.B3. Copy of policy NO.654120255.
Ex.B4. Xerox copy of death certificate dated 12-09-2006.
Ex.B5. Claimant Statement.
Ex.B6. Claim form – C (Cremation Certificate)
Ex.B7. Letter dated 20-05-2007 Avula Nagandraiah
Ex.B8. Letter addressed to District Collector, Kurnool dated
12-09-2008.
Ex.B9. Original repudiation letter dated 03-08-2007.
Sd/- Sd/-
MALE MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
Copy was made ready on :
Copy was dispatched on :
