Date of filing : 20.06.2022
Date of order: 26.08.2022
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE, AT VELLORE DISTRICT
PRESENT: THIRU. A. MEENAKSHI SUNDARAM, B.A.,B.L. PRESIDENT
THIRU. R. ASGHAR KHAN, B.SC.,B.L. MEMBER- I SELVI. I. MARIAN RAJAM ANUGRAHA, M.B.A., MEMBER -II
FRIDAY THE 26th DAY OF AUGUST 2022
CONSUMER COMPLAINT NO. 61/2022
1. MRS. KUMARI,
w/o late. Santhakumar
2. MINOR VISHNAVI,
D/o late. Santhakumar
3. MINOR DIWAKAR,
S/o late Santhakumar
Minors are represented by their mother
And natural Guardian, 1st petitioner Kumari
4. MRS.KALYANI,
Mother of late. Santhakumar
All are residing at No.48, Road streei,
Vellithangipuram . Village,
Nemili Taluk, Ranipet District …Complainants
-Vs-
The Branch Manager,
United India Insurance Company Ltd.,
TNHB, Jothi Nagar, Arakkonam,
Ranipet District. …Opposite Party
Counsel for complainants : Thiru. R. Muhamad Ali
Opposite party : Set exparte (22.08.2022)
ORDER
THIRU. A. MEENAKSHI SUNDARAM, B.A.,B.L.
This complaint has been filed under section 35 of Consumer Protection Act 2019. The complainant has prayed this Hon’ble Commission to direct the opposite party to pay the personal accident insurance amount of Rs.10,00,000/- with interest at the rate of 12% per annum from the date of death i.e. 03.11.2018 of deceased G.Santhakaumar and also to pay a sum of Rs.1,00,000/- as compensation for mental agony, hardship suffered by the complainants.
1. The case of the complaint is briefly as follows:
The complainants submits that the said G. Santhakumar had taken an individual Personal Accident policy, and policy number is 2804024217P119220415 from the opposite party for the period covering from 31.03.2018 to the midnight of 30.03.2019. On 03.11.2018 at about 9.50 PM at Pandiyanallur village, one Dinakaran son of Kalappan, Sholingur, when the said G. Santhakumar was sitting adjacent to a well, he pushed the Snthakumar into the said well. The well have no parapet wall. Immediately, the fire service was called by the person who were a the time of the accident. Subsequently, the fire service personal came to the spot and retrieved the body of the said G. Santhakumar from the well. The death of G. Santhakumar happened due to the kicking of the said Dinakaran which resulted in falling down of the said G. Santhakumar in the well and not due to the consumption of alcohol as alleged by opposite party in the letter dated 27.07.2020. The said person Dinakaran was charged under section 294(b), 323 and 302 IPC by the Sholingur police station in crime number 543/2018 and the said case was taken on file by the Learned II Additional District Judge, Ranipet in SC No. 106/2019 in which some prosecution witnesses were examined. The insurance company, opposite party herein is liable to pay a sum of Rs.10,00,000/- as promised in the said policy. But the opposite party insurance company have falsely repudiated the claim as if the said G. Santhakumar was under the influence of intoxicating liquor but it is not so. The opposite party insurance company sent a letter to the first complainants on 27.07.2020 with bad intention and avoided to settle the insurance amount to the complainants and refused to accept to settle the claim. Hence the complainants issued a legal notice to the opposite party on 18th May 2022. The opposite party received the notice and they are not send any reply to that notice. The issuance of notice has been necessitated because the irresponsible act of the opposite party the complainants have been put to untold hardship and mental agony and the complainants aggrieved over the act of opposite party. The opposite party is liable to pay the insurance amount of Rs.10,00,000/- to the complainants. The complainants is a consumer under the opposite party and the opposite party has committed deficiency of service to the complainants by failing and neglecting to settle the insurance amount to the complainants. Hence this complaint.
2. On receipt of this notice from this Hon’ble Commission. The opposite party neither appear nor filed written version. Therefore, the opposite party called absent set exparte.
3. Proof affidavit of complainant filed. Ex.A1 to Ex.A8 were marked. Written argument of complainant filed and also oral argument heard. Opposite Party set exparte.
4. THE POINTS THAT ARISES FOR CONSIDERATION ARE:
1. Whether there is any deficiency in service on the part of the opposite
Party?
2. Whether the complainant is entitled for relief as claimed in the
complaint?
3. To what relief the complainant is entitled to?
5. POINT NOS. 1&2: The complainants submits that the complainant are Legal heir of the said G. Santhakumar had taken a Individual Personal Accident policy bearing policy number 2804024217P119220415 from the opposite party for the period covering 31.03.2018 to the mid night of 30.03.2019. While the matter is such that on 03.11.2018 at about 9.50 PM at Pandiyanallur Village When he was the said G. Santhakumar was kicked by one Dinakaran son of Kalappan, hailing from Sholingur and to the said well does not have parapet wall and said G. Santhakumar fell into the well. Subsequently the fire service was called by the person who were present at the time of incident and his body was from the well retrieved. The death of G. Santhakumar happened only due to the kicking of the said Dinakaran in to well and not due to the consumption of alcohol as alleged by opposite party in the letter dated 27.07.2020. Infact the said Dinakaran was charged under section 294(b), 323 and 302 IPC by the Sholingur police station in crime number 543/2018 and the said case was taken on file by the Learned II Additional District Judge, Ranipet in SC number 106/2019 in which some prosecution witnesses were examined. This was not marked by the opposite party, the insurance company, opposite party herein is liable to pay a sum of Rs.10,00,000/- as promised in the said policy. But the opposite party insurance company have falsely repudiated the claim as if the said G. Santhakumar was under the influence of intoxicating liquor but it is not true. The opposite party insurance company sent a letter to the first complainants on 27.07.2020. The opposite party did not produce any evidence substantiate the same with a view to avoid the insurance claim of complainants. Hence, the complainants issued a legal notice to the opposite party on 18th May 2022. The opposite party received the notice. But they did not send any reply to that notice. Because of the irresponsible act of the opposite party, the complainants have been put to untold hardship and mental agony and the complainants are aggrieved over the act of the opposite party. The opposite party is liable to pay the insurance amount of Rs.10,00,000/- to the complainants as promised in the policy. The complainants are a consumer under the opposite party and the opposite party has committed deficiency of service to the complainants by failing and neglecting to settle the insurance amount to the complainants. Therefore, the death of said G. Santhakumar material one. In the present case through the opposite party has received the notice from this Hon’ble Commission and appeared filed written argument. Therefore, we have no other opinion except accepting the contention of the complainant. Accordingly this Point Nos. 1 and 2 are decided in favour of the complainant.
6. POINT NO.3: As we have decided in Point Nos. 1 and 2 that there is a deficiency in service on the part of the opposite party. The opposite party is hereby directed to pay Rs.10,00,000/- (Rupees Ten Lakhs only) the insured amount with interest at 9% p.a. from 03.11.2018 to till the date of this order and to pay a sum of Rs.1,00,000/- (Rupees One Lakh only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.10,000/- (Rupees Ten Thousand only} towards cost to the complainant. Hence this point No.3 is also answered accordingly.
7. In the result this complaint is allowed. The opposite party is hereby directed to pay Rs.10,00,000/- (Rupees Ten Lakhs only) the insured amount with interest at 9% p.a. from 03.11.2018 to till the date of this order and to pay a sum of Rs.1,00,000/- (Rupees One Lakh only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) towards cost to the complainant, within one month from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% per annum from the date of receipt of this order to till the date of realization.
Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us in the open Commission on this the 26th August, 2022.
Sd/- Sd/- Sd/-
MEMBER – I MEMBER – II PRESIDENT
LIST OF COMPLAINANT SIDE DOCUMENTS:
Ex.A1 – 31.03.2018 - United India Insurance Company Limited Personal accident
policy original
Ex.A2 - - Death certificate of G.Santhakumar
Ex.A3 - - Legal heir certificate of deceased G.Santhakumar
Ex.A4 - - Certify xerox copy of FIR and charge sheet bearing crime
No.543/2018
Ex.A5 - - Letter dated 27.07.2020 sent by the opposite party to the
Complainants
Ex.A6 - - Office copy of the Legal notice dated 18" May 2022 sent by
the complainants to the opposite party
Ex.A7 - - Acknowledgement card
Ex.A8 - Copy of Post-Mortem Certificate
LIST OF OPPOSITE PARTY SIDE DOCUMENTS: -NIL-
Sd/- Sd/- Sd/-
MEMBER – I MEMBER – II PRESIDENT
