Smt. Sabitri Debbarma

W/O- Sri Amindra Debbarma,

Kanthamani Thakurpara,

P.S. Bodhjungnagar, 

P.O. Bodhjungnagar,

West Tripura. ……......Complainant.

 

Versus

 

The Divisional Manager,

National Insurance Company Ltd.,

Divisional Office, 42 Akhaura Road,

Agartala, P.S. West Agartala, 

P.O. Agartala, West Tripura. ........O.P.

 

 

On earlier occasion, we heard Learned Counsel Mr. Sumit Debnath on behalf of the O.P. on the question of maintainability and today we are passing necessary order. 

In brief, the complainant's case is that complainant Smt. Sabitri Debbarma filed the complaint alleging that her husband died on 17.04.2013 due to Road Traffic Accident and during life time of him, he purchased an Insurance Policy in the year 2001 vide Policy No-10300/ 47/ 2K/ 9600022/ 2K/ 96/ 0059 for a period of   08.10.2001  to 07.10.2016. The sum assured was Rs.5 lacs. After death of her husband she filled up claim form and submitted her claim but till today the O.P. did not give any response towards her claim. Accordingly she filed this case. 

On the other hand, the O.P. appeared and contested the complaint/ claim and submitted their written statement. In their written statement it is mentioned that the claim is not maintainable on the ground of non-joinder of necessary party as well as barred by limitation and also the complainant failed to submit the original Policy certificate. As such the claim is made on a false policy.

At the time of hearing none was present on behalf of the complainant. Mr. Debnath submitted that as per complaint petition cause of action arose on 16th July, 2015 on the date on which claim was closed by the O.P. and the claim petition was filed on 08.07.2020. which is beyond the limitation period and accordingly the claim is barred in law. Mr. Debnath further submitted that the complainant in her complaint stated that her husband died due to Road Traffic Accident but the Police report submitted under Section 174 CrPC speaks that date and year of death and cause of death is mentioned on 17.04.2013 at about 0600 hours due to stroke but the fact was suppressed by the complainant in her complaint. Another reason is shown  that the Insurance Company (O.P.) time and again requested the complainant to submit the original Policy but she failed to submit the original Policy. As a result her claim was turned down. So, there is no primafacie case to proceed further as because the claim is based on a false policy certificate. 

From the record we find that the complainant did not submit the original policy certificate. Not only that the copy of the policy certificate is not enclosed while the complaint petition is filed. Moreover, none appeared  at the time of hearing the question of maintainability. 

On perusal of the complaint petition, we also find that the cause of action arose on 15th July 2015 and complaint was filed after lapse of limitation period. As per provision of Section 24 A of C.P. Act, 1986, the period of limitation is 2 years from the date of cause of action. 

We also considered the other facts which is submitted by Mr. Debnath. We are in the opinion that the complaint is not maintainable on the question of limitation as well as we also find that the complainant failed to submit the relevant documents to substantiate her claim. 

Hence, the complaint is dismissed as it is not maintainable in law.