Date of filing:  07-10-2010

                                                                                            Date of order 10-02-2011

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                 CC.206 /10

                        Dated this, the 10^th day of  February 2011

PRESENT

SRI.K.T.SIDHIQ                                             : PRESIDENT

SMT.P. RAMADEVI                                       : MEMBER

M.Sisupalan,

S/o.Kerakutty and Kali,

R/at Fisheries Colony Koipady Beach,                                  } Complainant

Po.Kumbala, Kasaragod Taluk & Dist.

(Adv. Johnson.M.A.Kasaragod)

1. The Commissioner,                                                                  } Opposite parties

     Kerala Fishermen Welfare Fund Board,

     Trichur.2.

2.  The Managing Director,

      Matsyafed, Karuvamkonam,

     Thiruvananthpuaram.

3. M/s Reliance General Insurance Company Ltd,

    Elizabeth Alexander Memorial Building,

     Marine Drive, Cohin-3.

(Adv. S.Mammu, Taliparamba)

4. The Director of Insurance,

     Kerala State Insurance Department,

     Thiruvananthapuram.

(Govt. Pleader)

                                                                        O R D E R

SRI.K.T.SIDHIQ, PRESIDENT

            This is a complaint claiming compensation on account of the accidental death caused to Saradha W/o of the complainant. According to complainant deceased Saradha was a member of Koipady Malsya Thozhilali Kshema Vikasana Sahakarana Sangham.  Therefore Opposite parties 1 & 4 are liable to compensate the complainant.  Complainant’s further case is that the deceased Saradha was also a member of Janata Personal Accident Policy issued by Opposite parties 2 & 3 and therefore they are liable to pay `3,00,000/- as compensation as per the policy.

2.         Version of OP No.1

            The deceased Saradha was a member of Malsya Thozhilali Kshemanidhi and opposite party No.1 insured all registered Fishermen& Allied Workers with United India Insurance Company Thrissur for a period of 7-12-2008 to 6-12-2009 and the compensation amount for death is `1,00,000/- and not `1,50,000/-.  M/s United India Insurance Company has settled the claim and released compensation to the Board and the said amount  is paid to the complainant as per cheque No. 197684  dated 28-7-2010.

3.         Version of OP No.2.

            The deceased Saradha was not a member of Group Personal Accident Scheme facilitated by 2^nd opposite party through 3^rd opposite party M/s Reliance General Insurance Company Ltd.  Hence they are not liable to pay any compensation.

4.         Opposite party No.3 has not filed any version.

5.         Version of OP No.4.

            The deceased was not insured by Opposite party No.4 during the period 2008-2009.  Hence they are not liable to pay any compensation.

6.         On considering the version, during enquiry complainant admitted that he has received an amount of `1,02,000/- from opposite party No.1 by way of cheque.  But he could not able to produce any document to prove that the deceased Saradha was a member of Group Personal Accident Policy facilitated by opposite parties 3 & 4.  In the light of the above the learned counsel for the complainant fairly conceded that complaint can be disposed of. 

            The complaint is accordingly dismissed with no order as to costs.

      Sd/-                                                                                                      Sd/-

MEMBER                                                                                                       PRESIDENT

                                                                                    Forwarded by Order

                                                                   SENIOR SUPERINTENDENT

Pj/