In the Court of the Calcutta District Forum, Unit-I
CDF-1/Case no.299/2007
Smt. Dolon Sarkar,
Vill & P.O. Jamgram, Pandua, Dist-Hooghly …... Complainant
vs.
National Insurance Co. Ltd., Division-III,
1, Shakespeare Sarani, 6th Floor,
P.S. Park Street, Kolkata-71 and others …... Opposite parties
Present : Sri A.K. Das, President
Sri L.K. Banerjee, Member
Smt. J, Saha, Member
Order no. 7 dt.14.05.2008
The petitioner nominee of insured deceased Shayama Pada Sarkar has filed this consumer complaint claiming insured amount Rs.2 lakhs againsthe o.p. nos.1 and 2 National Insurance Co. Ltd. as insured Shyama Pada Sarkar has expired out an accident on 8.4.06. The deceased obtained Janata Personal Accident Policy being no.100300/47/01/9600022/01/96/30095 dt.93.6.02 for the period 23.6.02 to 22.6.07 for an amount Rs.2 lakhs. During continuation of the policy the insured expired on 8.4.06 out the accident, accordingly concerned police station started a case with reference to FIR no.49 dt.9.4.06 u/s 279, 338, 304A IPC. The dead body of the deceased was sent to the hospital for post mortem and it was done on 9.4.06 and doctor opined that death was due to effect of injuries and ante mortem in nature. The petitioner submitted her claim along with all required document on 23.6.06 through o.p. no.3 but since then o.p. nos.1 and 2 did not dispose of the claim even after repeated representation dt.20.7.06 and 30.6.07 and thereby the petitioner has been compelled to move this forum for above relief.
Notices of the consumer complaint have been duly served upon the o.ps. O.p. no.3 appeared and filed w/v but o.p. nos.1 and 2 neither appeared nor filed any w/v. Accordingly the consumer complaint is proceeding against the o.p. nos.1 and 2 ex parte.
The O.p. no.3, in fact, in the w/v admitted the circumstances, as submitted by the petitioner and they forwarded the claim of the petitioner for disposal by the o.p. nos.1 and 2, but the o.p. nos.1 and 2 did not dispose of the same for the reasons best known to them. It is undisputed that the petitioner’s husband the insured made expired out of the accident. He had a valid policy with the o.p. nos.1 for an amount of Rs.2 lakhs. The accident was duly registered with the concerned police station and the case was started. The post mortem was held whereby doctor opined death was due to injuries and ante mortem in nature. In spite of the representation by the petitioner who is the nominee of the policy holder insured deceased Shyama Pada Sarkar. But the o.p. nos.1 and 2 neither repudiated nor dispose of the claim in favour of the petitioner which is total deficiency in service on their part. The deceased insured obtained the policy from the o.p. nos.1 and 2 through the o.p. no.3. The petitioner actually beneficiary of the policy in absence of the insured who expired out of the accident. Further it is appearing that he o.p. nos.1 and 2 did inordinate delay in dispose of the claim which is not desirable on their part. Accordingly, the petitioner is entitled to relief and the consumer complaint accordingly succeeds and it is awarded in the following terms.
The o.p. nos.1 and 2 are directed to pay Rs.2,00,000/- (Rupees two lakhs) only and compensation Rs.5000/- (Rupees five thousand) only and litigation cost Rs.1000/- (Rupees one thousand) only within two months from date, failing which it will carry an interest @ 8% p.a. till realization.
Let copy of this order be supplied to the parties free of cost.
Member Member President
