BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri.K.V.H. Prasad, B.A., LL.B President
And
Smt. C.Preethi, M.A.LL.B., Lady Member
Monday the 20th day of April 2009
C.C.No.158/08
Between:
K. Shankar, S/o. Late K. Thikkaiah,
H.No.24/12. Mala Geri, K. Nagalapuram Village, Gudur Mandal,
Kurnool District-518 464. … Complainant
Versus
- The Branch Manager, LIC Branch Office,
D.No.1/1295 , Near Bus Stand Road,
Yemmiganur-518 360.
2. The Divisional Manager, LIC Divisional Office,
Jeevan Prakash, D.No.1-55, College Road, P.B.No.10,
Kadapa-516 002. … 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 the opposite parties 1 and 2 and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Smt. C.Preethi, Lady Member)
C.C.No.158/08
1. This consumer complaint of the complainant is filed U/S 11 and 12 of C.P.Act, 1986 seeking a direction on the opposite parties to pay the assured amount of Rs.1 lakh with 24% interest , Rs.20,000/- as compensation for mental agony , cost of the complaint and any other relief or reliefs which the complainant is entitled in the circumstances of the case.
2. The brief facts of the complainants case is that the complainant is the son and nominee of the deceased policy holder K. Thikkaiah , who has taken a policy bearing No. 653712104 from opposite parties for Rs.1 lakh. On 03-10-2005 the policy holder along with his son and other neighboring agriculturist went to his land and while shifting stones in his land suddenly collapsed with heart pain and died instantly. Thereafter, the complainant submitted a claim to the opposite parties , but the opposite parties , did not settle the claim. Hence the complainant resorted to the forum for reliefs.
3. In support of his case the complainant relied on the following documents viz., (1) first premium receipt, (2) xerox copy of death certificate, (3) xerox copy of claimants statement , (4) office copy of legal notice dated 02-09-2008 , (5) certificate of rural health care society,, Kurnool to third party of complainant and (6) provisional certificate issued to third party of complainant , besides to the sworn affidavit of complainant and third party , Eswariah and Dr.Ranga Swamy and the above documents are marked as Ex.A1 to A6 for its appreciation in this case and replies to the interrogatories exchanged.
4. In pursuance to the notice of this forum as to this case of the complainant the opposite parties 1 and 2 appeared through their standing counsel and contested the case by filing written version.
5. The written version of opposite parties denies the complaint as not maintainable either in law or on facts but admits the complainants father K. Thikkaiah has taken a policy bearing No. 653712104 for Rs.1 lakh. As the policy holder asked to issue the policy with dating back from 20-06-2005 and the said policy was issued accepting the proposal on 08-09-2005 . It further submits that the policy holder died on 19-09-2005 i.e, 25 days from the date of acceptance of proposal , hence the claim was entrusted for investigation and investigation is still pending. It also submits that the claim is not yet repudiated and is still under the process and the complainant approached the forum in the mean time. Hence, as the claim is pending and investigation is not completed , hence there is no delay on part of opposite parties in settling the claim and seeks the forum not to award any amount towards mental agony and cost.
6. In support of their case the opposite parties did not file any documents and relied on the sworn affidavit of opposite party No. 2 and replies to the interrogatories exchanged.
7. Hence, the point for consideration is to what relief the complainant is entitled alleging deficiency of service on part of opposite parties ?.
8. It is a simple case of the complainant that his father K.Thikkaiah has taken a policy bearing No. 653712104 from opposite parties for Rs.1 lakh and paid first premium of Rs.3,750/- vide Ex.A1 .On 03-10-2005 the said policy holder while shifting stones in his land suddenly collapsed with heart pain and died and was immediately rushed to RMP Dr. Siva who declared him as brought dead. Thereafter, the complainant submitted a claimants statements to opposite parties for payment of assured amounts. But there was no response from the opposite parties. As there was no response from opposite parties the complainant being vexed got issued legal notice dated 02-09-2008 vide Ex.A4 to opposite parties 1 and 2 to this notice also there was no response.
9. On the other side the opposite parties submits that the policy holder K. Thikkaiah has asked for dated back policy and the said policy bearing No. 653712104 with issued with commencement date as 20-06-2005 accepting the proposal on 08-09-2005 .The policy holder died on 19-09-2005 i.e, 25 days from the date of acceptance of proposal and the claim was entrusted for investigation and investigation is still pending. This plea of opposite parties is not acceptable because the policy holder died on 19-09-2005 and the claim was submitted by the nominee , long back till date the opposite parties did neither repudiated nor paid the assured amount to the complainant and taking shelter under the guise of pending investigation is not acceptable . Hence it is clear deficiency of service on part of opposite parties to the complainant
10. The other plea of opposite parties is that the claim has not yet repudiated and the claim i s still under process and the complainant approached forum in the meantime. The policy holder died on 19-09-2005 and claim was submitted by the complainant and it is for the opposite parties to process the claim within three months and pay the assured amount to the complainant or to repudiate it , either of this has not been done by the opposite parties . Hence, this plea of the opposite parties is also rejected as devoid of merit and force.
11. The complainant submitted that immediately when the policy holder suffered heart pain , he was taken to a RMP Dr.Siva . The said RMP Dr.Siva in his affidavit stated that the policy holder K. Thikkaiah R/o. K. Nagulapuram (V) was brought to him and on examining he came to know that the policy holder died due to heart attack by them.
12. The III party affidavit of Eswaraiah says that he had accompanied the policy holder to his land and while shifted the stones the policy holder collapsed and was taken to RMP Dr.Siva and who declared him as brought dead due to heart attack.
13. The two affidavits of Dr.Siva and Eswaraiah submits that the policy holder died due to heart attack only and there is no other material on record placed by the opposite parties that the policy holder K. Thikkaiah death was not due to heart attack. Hence , from the above it is clear that the policy holder died due to heart attack only.
14. To sum up the policy holder K. Thikaih died due to heart attack only and the claim was submitted by the complainant and the claim is neither settled nor repudiated by the opposite parties which is clear deficiency of service on part of opposite parties. The complainant in this case is certainly remaining entitled to the assured amount and compensation for mental agony suffered besides to costs.
15. In the result, the complaint is allowed directing the opposite parties 1 and 2 jointly and severally to pay to the complainant the assured amount along with entitled benefits under the policy bearing No.653712104 of deceased K. Thikkaiah , Rs.5,000/- as compensation for suffered mental agony and Rs.2,000/- as costs, within one month from the date of receipt of this order. In default the opposite parties 1 and 2 jointly and severally shall pay the above award with 12% interest from the date of default till realization.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 20th day of April, 2009.
Sd/- Sd/-
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant :Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex.A1. 1st premium receipt policy No. 653712104.
Ex.A2. Xerox copy of death certificate.
Ex.A3. Xerox copy of claimant’s statement.
Ex.A4. Office copy of legal notice dated 02-09-2008 along with 2 postal acknowledgement and 2 receipts.
Ex.A5. Certificate of rural health care society, Kurnool issued to 3rd party of the complainant.
Ex.A6. Provisional certificate issued in favor of complainant 3rd party.
List of exhibits marked for the opposite parties: Nil
Sd/- Sd/-
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 :
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