BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri K.V.H.Prasad, B.A., LL.B., President
And
Smt.C.Preethi, Hon’ble Lady Member
Tuesday the 9th day of January, 2007
C.C. No.116/2006
1. Smt. V.Bazaramma, aged about 52 years, W/o. Late.V.Venkanna,
H.No.2-84, Sunkesula village, Kurnool district.
2. V.Maddamma, aged about 12 years, D/o. Late. V.Venkanna,
H.No.2-84, Sunkesula village, Kurnool district. …Complainants
-Vs-
The Divisional Manager,Oriental Insurance Company Ltd.,
Bhupal Complex, Kurnool.
…Opposite party
This complaint coming on this day for orders in the presence of Sri. M.Sivaji Rao, Advocate, Kurnool for complainants, and Sri. Y.Jayaraju Advocate, Kurnool for opposite Party and stood over for consideration till this day, the Forum made the following:-
ORDER
As per Smt. C. Preethi, Hon’ble Lady Member
1. This consumer complainant of the complaint is filed U/S 11 and 12 of C.P. Act, seeking direction on the opposite party to pay Rs.25,000/- with 24% interest per annum, Rs.25,000/- towards compensation, 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 deceased venkanna has obtained a Bhagyashree child welfare insurance policy through I.C.D.S. from opposite party by paying Rs.15/- on 27-01-05 and policy bearing No.433100/47/2005/9094 was issued. As per the policy terms and conditions one orphaned girl child of a family who looses either the father or mother due to accident insurance company will pay Rs.25,000/-. On 17-01-05 deceased after spraying pesticides in his land washed the Aluminum tins of pesticides in the water canal and on the same day night the deceased went to his land for night watch of the crop by taking his meals. At about 9 p.m the deceased had his meals and forgottening the washing of pesticides tins in the canal water and drank the canal water. Thereafter, the deceased smelt the pesticides smell and got sensation of vomiting and the son of the deceased had taken him to Govt. General Hospital Kurnool, nearing Munagalapadu erroute to Kurnool, the deceased died and it is purely accidental and the son of the deceased gave a complainant to Gudur P.S. and case was registered under crime No.12/05 U/S 174/C.R.P.C. and in the postmortem report the doctors found 120 m.l. of cream colour harbid liquid Mucosa congested with smell of pesticides. The complainant No.1 submitted claim form and to the surprise the opposite party repudiated the claim through their letter dated:27-01-06 on false and baseless grounds. Hence, the repudiation by opposite parties is deficiency of service, hence, the complainant resorted to the forum for redressal.
3. The complainants in support of their case relied on the following documents viz:(1)family member certificate dated:06-06-05 (2)attested Xerox copy of F.I.R. in crime No.12/05 of Gudur (P.S) (3)attested Xerox of postmortem examination dated:13-08-05 (4) attested Xerox copy of inquest report and (5)repudiation letter dated:27-01-06, besides to the sworn affidavit of the complainant in reiteration her complainant averments and the above documents are marked as Ex.A1 to A5 for its appreciation in this case. The Complainant caused interrogatories to the opposite party and suitablely replied to the interrogatories caused by the opposite party.
4. In pursuance to the notice of this forum as to this case of the complainant the opposite party appeared through their standing counsel and contested the case by filing written version.
5. The written of opposite party submits that the complainant No.2 has taken Bhagyashree welfare insurance policy through C.D.P.O (I.C. and D.S.) project Kurnool with receipt bearing No.132675 with policy bearing No.433100/05/9094 valid from 08-03-05 to 07-03-06 by paying an amount of Rs.15/- on 27-01-05. As per the terms and conditions the opposite party is liable to cover the risk of death of any parent of the child whose accidental death is caused by out ward violent and visible means like accidentally slipping down or falling from mountains bitting insects such as snakes or animals etc. The policy does not cover death caused by intentional self injury, suicide or under the influence of intoxications. The complainant No.1 submitted claim form through (I.C.D.C.) project Kurnool after death of deceased V. venkanna, on scrutiny of the claim and documents it was found that the deceased V. venkanna died due to ill-health as he was suffering from Asthma, which was not covered under the policy. The documents filed by the complainant shows that the deceased has consumed water mixed with pesticides accidentally. After careful scrutiny the opposite party repudiated the claim and informed the same to the child development project officer, Kurnool in turn to intimate the same to the complainant. Under the said circumstances there is no negligence or deficiency of service on part of opposite party, hence, seeks for the dismissal of complainant with costs.
6. In substantiation of their case the opposite party relied on the following documents viz: (1)proforma of terms and conditions of Bhagyashree child welfare policy and (2) true copy of policy No.9094/2005, besides to the sworn affidavit of the opposite party in reiteration of their written version and the above documents are marked as Ex.B1 and B2 for its appreciation in this case. The opposite party caused interrogatories to the complainant and suitablely reply to the interrogatories caused by the complainant.
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 the case of the complainant’s that V.Venkanna husband of first complainant and father of second complainant died on 17-03-05 by accidentally consuming water when he washed pesticides tins after spraying. On the claim preferred by the complainant’s the opposite party repudiated stating that there are no violent, visible bodily injuries on the deceased body and the postmortem report says the deceased stomach contains liquid with pesticide smell.
9. The opposite party in their written version submits that the deceased venkanna has obtained a Bhagyashree child welfare Insurance policy in the name of 2nd complainant though child Development Project Officer, Kurnool by paying premium of Rs.15/-. The complainant No.1 submitted claim form through C.D.P.O. (I.C. D.S.) Project, Kurnool after the death of venkanna, but as per the policy terms and conditions the risks which covers the accidental death are that when the death is caused by outward violent & visible means like accidental slipping down or falling from mountains, bitting insects such as snakes or animals etc., The policy does not cover the death caused by intentional self injuries, suicide or under the influence on intoxication. The counsel for opposite parties strongly argued that the death of venkanna is not accidental as per the terms and conditions of the policy hence the deceased death is nor covered under the said policy. The Ex.A1 to A5 relied by the complainant no where shows that death of deceased venkanna as accidental one but on the other hand the complaint alleges that the death was due to drinking of canal water mixed with pesticides which is accidental but did not place any supporting material in substantiating their case. Merely stating that the death is accidental doesn’t suffice.
10. The Ex.A3 attested Xerox copy of postmortem examination dt:18-03-05 on pg3 in column stomach contents, mentions that stomach contains 120 m.l. of cream colour harbid liquid mucosa congested with smell of pesticides in the said Ex.A3, the cause of death was not mentioned but the stomach of the deceased contained 120 m.l. of cream colour harbid liquid with smell of pesticides. The contention of the complainant is that the deceased had consumed canal water where pesticide tins are washed then the stomach should, not contain 120 m.l. of cream colour harbid with smell of pesticides. There is no dispute that stomach of the deceased contained 120 m.l. of liquid with smell of pesticides. Therefore, what appears is that the deceased had voluntarily consumed pesticides, hence, the death of deceased is not covered under the policy issued by the opposite party.
11. The complainants in this case failed to prove the that deceased death is an accidental one and covered under the policy issued by the opposite party, hence the complainant’s are not remaining entitled to the assured amount under the said policy issued by the opposite party.
12. In the result, the complaint is dismissed.
Dictated to the Stenographer, transcribed by him, corrected and pronounced in the Open bench on this the 9th day of January, 2007.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant: Nil For the opposite parties :Nil
List of exhibits marked for the complainants:-
Ex.A1 Family members certificate Dt:06-06-2005.
Ex.A2 Attested Xerox copy of F.I.R. in Cr.No.12/05 of Gudur P.S.
Ex.A3 Attested Xerox copy of Post Mortem Examination Dt:18-03-2005 in
Cr.No.12/05.
Ex.A4 Attested Xerox copy of Inquest Report in Cr.No.12/05.
Ex.A5 Repudiation letter Dt:27-01-2006.
List of exhibits marked for the opposite party:-
Ex.B1 proforma of terms & conditions of Bhagyashree child welfare policy(New).
Ex.B2 True copy of policy No.9094/2005.
MEMBER PRESIDENT
Copy to:-
1. Sri. M.Shivaji Rao, Advocate, Kurnool.
2. Sri Y.Jayaraju, Advocate, Kurnool.
Copy was made ready on:
Copy was dispatched on:
Copy was delivered to parties:
