BEFORE THE DISTRICT CONSUMER’S FORUM: KURNOOL
Present:Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member, President (FAC)
And
Smt. S.Nazeerunnisa, B.A., B.L., Lady Member
Wednesday the 10th day of April, 2013
C.C.No.163/2011
Between:
Smt.Chakali Eramma, W/o Late Yellesh,
H.No.1/19, Gudikal Village - 518 360, Yemmiganur Mandal, Kurnool District.
…Complainant
-Vs-
- The Branch Manager,Life Insurance Corporation of India Limited,
12-17, Bus Stand Road, Yemmiganur - 518 360,Kurnool District.
- The Senior Division Manager, Life Insurance Corporation of India Limited,
Division Office, P.B.No.10, College Road, Kadapa - 516 004.
...Opposite ParTies
.
This complaint is coming on this day for orders in the presence of Sri.M.Sivaji Rao, Advocate for 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 Smt. S.Nazeerunnisa, Lady Member) C.C. No.163/2011
1. This complaint is filed under section 11 and 12 of Consumer Protection Act, 1986 praying:-
- To direct the opposite parties jointly and severally to pay the assured amount of Rs.1,00,000/- with accident benefits and with interest at the rate of 24% from the date of death;
- To pay a sum of Rs.25,000/- towards the compensation for causing mental agony and hardship;
- To pay the cost of this complaint;
- To pass any other order or orders that are deem to the fit and proper in the circumstances of the case.
2. The case of the complainant in brief is as under:- The complainant is the wife of the deceased driver Late Chakali Yellesh, who died in a road accident and he was working as a driver of the tractor cum trailer bearing No.AP 21 M 1864 and AP 21 X 4673. On 21-04-2010 the deceased insured his life with opposite party No.1 for an assured amount of Rs.50,000/- on annual premium of Rs.3,039/-. The opposite party No.1 issued policy bearing No.655846340 in favour of the deceased. The said policy covers the accidental benefits (i.e.,) in case of death of life assured in an accident the opposite party has to pay the double the policy amount (i.e.,) Rs.1,00,000/-. The road accident took place on 25-06-2010 at 9.30 hours, its resulted the bleeding injuries to the driver and he was admitted in Government Hospital, Kurnool for better treatment. During the treatment the said driver died on 26-06-2010. The Yemmiganur Police Registered a case in Crime No.64/2010. The complainant being the nominee submitted a claim along with relevant documents to opposite party. The opposite party neither settled the claim nor repudiated it. Due to the negligent act of opposite party, the complainant suffered mental agony. There is deficiency of service on the part of opposite parties. Hence the complaint.
3. Opposite party No.2 filed written version and the same is adopted by opposite party No.1. It is stated in the written version opposite party No.1 that the complaint is not maintainable. There is no cause of action to file this complaint. It is stated that the complainant is not a Consumer. It is admitted that the opposite party No.1 issued New Janaraksha Policy bearing No.655846340 for an assured amount of Rs.50,000/- on yearly premium payment mode and it covers the accidental benefits for additional sum equal to the sum assured under the policy. It is also admitted that the complainant is the nominee under the policy. The complainant submitted the claim to opposite party. But she did not furnish the documents in support of accidental benefit. After the perusal of claim, the opposite party prepared a Cheque No.650112 dated 18-01-2012 for an assured amount plus benefits of Rs.52,100/- drawn on Andhra Bank, Yemmigannur Branch in favour of the complainant and informed the same to her through letter dated 18-01-2012. The complainant did not receive the said Cheque and filed this complaint. There is no deficiency of service on the part of opposite parties. The complaint is liable to be dismissed.
4. On behalf of the complainant Ex.A1 to A4 are marked and sworn affidavit of the complainant and third party affidavit of Boya Narasimhulu is filed. On behalf of the opposite parties Ex.B1 to Ex.B4 are marked and sworn affidavit of opposite party No.2 is filed.
5. Both sides filed written arguments.
6. Now the points that arise for consideration are:
- Whether there is deficiency of service on the part of Opposite Parties?
- Whether the complainant is entitled for the reliefs as prayed for?
- To what relief?
7. POINTS i and ii:- Admittedly the deceased Late.Chakali Yellesh obtained Life Insurance policy bearing No.655846340 from opposite party No.1 for an assured amount of Rs.50,000/-. It covers the accidental benefits for the double of assured amount (i.e.,) Rs.1,00,000/- in case of accidental death. It is marked as Ex.A1 = Ex.B1. Admittedly the road accident took place on 25-06-2010 at 9.30 hours, its resulted bleeding injuries to the deceased driver and died at 17.45 hours on 25-06-2010 in Government Hospital, Kurnool. The Yemmiganur Police Registered a case in Crime No.64/2010. Ex.A3 is the photo copy of Inquest Report and Ex.A4 is the photo copy of Post Mortem Report dated 26-06-2010. It is the case of the complainant that the complainant being the nominee submitted the claim along with relevant documents to opposite party No.1. The opposite parties did not settle the claim of the complainant. It is the case of the opposite parties that the complainant did not submitted any documents in respect of alleged accident and the accident benefits are subject to terms and conditions of the policy. After the perusal of claim, the opposite parties prepared a Cheque No.650112, which is marked as Ex.B2 dated 18-01-2012 for an assured amount of Rs.52,100/- drawn on Andhra Bank, Yemmiganur Branch in favour of the complainant and informed the same to her but she did not come to receive it. Ex.B3 is the Letter issued by Regional Transport Officer, Kurnool. Ex.B4 is the claim form submitted by the complainant to opposite parties. The learned counsel appearing for the opposite parties contended that as per condition 10 (b) (iv) the Insurance Company shall not liable to pay the additional sum if the death of the Life Assured shall result from the Life Assured committing any breach of Law. The deceased violated the terms and conditions of the policy as well as A.P.M.V. Rules. The deceased was not holding any valid and effective driving license at the time of accident. In Ex.B3 it is clearly mentioned that the particulars of Driving License of deceased is not available as per the office records, Ex.B4 is the claim form where in the occupation of deceased is mentioned as Hamali. The deceased violated the terms and conditions of the policy. The complainant is not entitled for the accidental benefits under the said policy.
8. The learned counsel appearing for the complainant contended that the injuries caused to the deceased on his thigh and legs so he might have lost his driving license at the time of accident. The complainant is illiterate she may not known about it. The deceased was holding valid and effective driving license at the time of accident. As per condition 10 (b) (iv) it is clearly mentioned that the corporation shall not liable to pay additional sum. If the life assured committed any breach of Law. The complainant could not establish that the deceased was holding valid and effective driving license at the time of accident. As the deceased violated the terms and conditions of the policy the complainant is not entitled for accidental benefits under the policy.
9. The accident took place on 25-06-2010 and the opposite parties prepared a Cheque No.650112 dated 18-01-2012. The opposite parties did not settle the claim within reasonable time, it amount to deficiency of service on the part of opposite parties, and cause mental agony to the complainant. Taking into consideration all the material on record we are of the view that the complainant is entitled for an assured amount of Rs.50,000/- along with interest 12% from the date of the accident (i.e.,) 25-06-2010 till the date of payment.
10. In the result, the complaint is allowed directing the opposite parties jointly and severally to pay an assured amount of Rs.50,000/- along with interest 12% from the date of accident till the date of payment and further direct to pay Rs.10,000/- towards mental agony and Rs.3,000/- as cost of the case. Time for compliance is one month from the date of the order.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 10th day of April, 2013.
Sd/- Sd/-
LADY MEMBER PRESIDENT (FAC)
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nill For the opposite parties : Nill
List of exhibits marked for the complainant:-
Ex.A1 Photo copy of Certificate Cum Policy bearing No.655846340
along with terms and conditions.
Ex.A2 Photo copy of F.I.R. in Crime No.64/2010 of Yemmiganur
P.S. dated 26-06-2010.
Ex.A3 Photo copy of Inquest Report dated 26-06-2010.
Ex.A4 Photo copy of Post Mortem Report dated 26-06-2010.
List of exhibits marked for the opposite parties:-
Ex.B1 Photo copy of Policy bearing No.655846340 along with
terms and conditions.
Ex.B2 Photo copy of Cheque bearing No.650112 dated 18-01-2012
along with calculation sheet showing payments particulars.
Ex.B3 Letter dated 01-10-2012 issued by Regional Transport Officer,
Kurnool.
Ex.B4 Photo copy of Claimants Statement dated 27-12-2011.
Sd/- Sd/-
LADY MEMBER PRESIDENT (FAC)
// 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 :
