West Bengal

Maldah

CC/64/2017

Ajit Kumar Murari - Complainant(s)

Versus

The Manager, Golden Multi Service Club, - Opp.Party(s)

Amit Das

05 Sep 2019

ORDER

    The instant case was instituted on the basis of a written complaint filed by one Ajit Kumar Murari@ Ajit Murari of Vill. Manuli, P.O. & P.S. Bamangola, Dist. – Malda u/s. 12 of the Consumer Protection Act, 1986 which was registered as Complaiant Case No. 64 of 2017 before this Forum.

     The fact of the case as revealed from the petition of complaint as well as from the evidence is that the deceased Sukhen Munda, S/o. Late Bhanu Munda was the nephew of the complainant Ajit Kumar Murari. During the life time of Sukhen Munda he purchased a JPA Policy from the National Insurance Company through Golden Multi Service Club. The policy bears the No. 100300/47//01/9600022/04/96/30026 valid from 15.04.2004 to 14.04.2019 and in the said policy the complainant Ajit Kumar Murari was nominee of that policy. Unfortunately, Sukhen Munda who happens to be the nephew of the complainant as claimed by the complainant died on 27/08/2016 by a road accident in NH 34 at Popra More under Police Station, Malda and post mortem examination was done at Malda Medical College & Hospital on 28/08/2016. In the post mortem report it has been stated that the death of Sukhen Munda was accidental in nature.  On the basis of written complaint the Malda P.S. started Case No. 476/16 dt. 27.08.2016 against the driver of the offending vehicle bearing No. WB73/0451. The complainant submitted all necessary documents to the O.Ps. The O.P. did not pay any amount as claimed by the complainant. This is why the complainant has filed the case before this Forum claiming Rs. 1,00,000/- for mental pain and agony, Rs. 30,000/- and litigation cost  Rs. 10,000/-.

                         The petition was contested by the O.P. Nos. 2 & 3 i.e. the National Insurance Company Limited by filing W/V denying all the material allegations as labeled against them contending inter alia that the instant case is not maintainable in its present context, the case is barred by law of limitation, the case is bad for nonjoinder of legal heirs Sukhen Munda. The definite defence case is that this Forum has got no jurisdiction to tri the case as the policy in question was issued on the Divisional Office of O.P. No.2 which is situated at Kolkata. So concerning the facts and circumstances the instant case is liable to be dismissed.

                           During trial the complainant Ajit Kumar Murari was examined as P.W.-1 and cross-examined. One Poly Munda, W/o. Sukhen Munda was examined as PW-2 and cross-examined. During trial the complainant filed documents and marked exhibited from Ext.-1 to Ext.-9 as per exhibit list. Though the O.P. did not adduce evidence to their defence.

                            Now point for determination whether the complainant is entitled to get any compensation as prayed for.

:DECISION WITH REASONS:

                                    On perusal of the record it is found that the O.Ps has raised objection in the written version that this Forum has got no territorial jurisdiction to tri the case as the policy was issued from the office of O.P. No.2 which is situated as Kolkata. According to the Sec.11 of the Consumer Protection Act, 1986 “ A Consumer Forum has a jurisdiction , where any branch office of the O.Ps is situated.” On perusal of the record  it is found that the National Insurance Co. Ltd. has a branch office situated at Malda. So deifinitely under the Provision of Sec. 11 of Consumer Protection Act, 1986 this Forum has got the jurisdiction to tri the case.

                             In the written version the O.P. has denied that no policy was issued but on perusal of the record it is found that the policy was issued by the National Insurance Co. Ltd. under the Group Janata Personal Accident Insurance effecting from the 15.04.2004 to 14.04.2019. So there no doubt that the policy was issued in the name of Sukhen Munda and the sum assured was Rs.1,00,000/-. So it is found that the policy was issued in favour of Sukhen Munda.

   Now the next point is to be considered whether Sukhen Munda died during the continuance of  the said policy or not. On perusal of the record it is found Sukhen Munda died on 27.08.2016 due to motor accident which is revealed from the post mortem report. That post mortem report indicates that the death is accidental in nature and such matter tallies with the fact of written FIR. So it is well established that Sukhen Munda died during the continuance of the policy. Now the main question comes whether Ajit Murari is entitled to get the sum assured amount. On perusal of  examination of PW-2 it is found that one Poly Munda was wife of Late Sukhen Munda and it is further revealed that he has one son and one daughter. It is not understood why the complainant did not make them party. The case has been filed by Ajit Murari as a nominee. No doubt that a nominee can file a case. But as and when it has come to the record that the deceased Sukhen Munda has left a wife known by the name Poly Munda and Sukhen Munda has one son and daughter and it is found from the cross-examination that the marriage of Poly Munda with Sukhen Munda took place in the year 2010. So it is well established that Poly Munda is the legally married wife of Sukhen Munda.

Under the Provision of Law of Inheritance the wife, son and daughter will get the amount.  As such a nominee cannot get the amount. So in such circumstances the instant case is required to be allowed.                                               

C.F  paid is correct.

                                                Hence,                      Ordered

that the case be and the same is allowed on  contest without  any cost against the O.P. Nos. 2 and 3  and ex parte against O.P. No.1. 

                           The O.P Nos. 2 & 3 are directed to issue three account payee cheques in the name of wife Poly Munda and son Manojit Munda and minor daughter Iti Munda in equal share total amounting Rs. 1,00,000/- ( Rupees One Lakh Only). The share of the minors will be deposited in the post office in the monthly income scheme (MIS) or fixed deposit scheme till the age of attending age a majority of the minor son and daughter.

                            The Insurance Company is not liable to pay any compensation for mental pain and agony as there was a dispute as to the legal heir and also not liable to pay any litigation cost as Poly Munda did not file the case.      

                             The Insurance Company is directed to issue the cheques within one month from the date of order failing which it will carry interest @ 5% p.a. from the date of filing of this case. In the case of default of payment the Poly Munda may file an execution case for recovery of the amount as per Provision of Law.

                              Let a copy of this order be given to the parties free of cost.