Order No. 18 dt. 10.07.2015
This is an application U/S. 12 of the Consumer Protection Act, 1986 filed by the petitioner Smt. Mamoni Saha W/o Late Dilip Saha of Vill. Amriti, P.S. English Bazar, Dist. – Malda praying for an order directing the O.P., Insurance Company for disbursement of amount of Rs. 50000/-, compensation for harassment and mental agony Rs. 20000/- and litigation cost.
The case of the petitioner is that, her husband died in a road accident on 14.04.2013 and he took one policy from LIC being No. 456097210.
The petitioner sent all the necessary papers to the Insurance Company and the Insurance Co. did not take any proper step to disburse the amount. So he sent advocate’s notice through his lawyer Subrata Das on 30.04.2014. So she filed this case before this Forum for giving direction to the Insurance Co. to disburse the amount of Rs.50000/- for the accidental death of her husband.
The petitioner denied the receiving of the letter issued by the Insurance Co. regarding sending of chemical examination report of the deceased husband of the petitioner.
The Insurance Company stated in their W/S that the reason for death is not coming from the document which was filed by the petitioner to their office without viscera report and they asked the petitioner for sending the viscera report (chemical examination report)
On the above cases of the parties the following issues are framed:-
- Is the case 63/2014 is maintainable in its present form ?
- Whether the petitioner has any cause of action to file the case?
- Whether the Insurance Company rightly repudiated the claim of the petitioner?
- Whether the petitioner is entitled to get any relief as prayed for?
The petitioner examined as P.W.-1 and the documents i.e. the premium receipt marked Ext.-1, Copy of FIR is marked Ext.-2, Final Report of the G.R.Case marked Ext.-3, Post Mortem Report marked Ext.-4, Death Certificate issued by the Competent Authority marked Ext.-5, Document received by the Branch Office Malda on 06.03.2014 is marked Ext.-6, Letter of LIC to the petitioner through Lawyer, Ext.-7, Lawyer Notice by registered post by the petitioner marked Ext.-8, and the Postal Receipt marked Ext.-9.
:DECISION WITH REASONS::
Issue Nos. 1,2,3 and 4
All the issues are taken up together for the sake of convenience and brevity of discussion and to skip of reiteration and also all these issues are interrelated and interdependent.
Petitioner stated the fact regarding the death of her husband in a road accident on 14.04.2013 and the post mortem report showed that the death was due to the effect of injuries and anti mortem in nature. Ld. Advocate of the Insurance Co. tried to draw my attention that the petitioner did not send the Chemical Examination Report and the Insurance Company did not refuse the claim but only asked the petitioner for sending the chemical examination report but the petitioner did not send the report but send the lawyer’s notice but the petitioner admits in her cross-examination this fact. There is no deficiency on the part of the O.P., Insurance Company.
It is admitted fact that the petitioner is the wife of Dilip Das and the death was caused due to the road traffic accident and the charge sheet speaks that the driver of the offending vehicle was Dilip Saha. The chemical examination report is asked for by the LIC and this petitioner did not send the report but filed this case. So she is not coming with the clean hand and she is directed to comply the letter of the Insurance Company by sending the chemical examination report.
In view of above, the claim case fails.
Court fee, paid is correct.
Hence, ordered,
that Malda D.F.C. Case No. 63/2014 be and the same is hereby dismissed on contest without cost.
