DATE OF FILING                    :     04.12.2013..

DATE OF S/R                            :      07.02.2014.

DATE OF FINAL ORDER      :     30.01.2015.

Mrs. Laxmi Devi Jhunjhunwala,

mother of late Vishal Jhunjhunwala,

492/B, G.T. Road, Vikram Vihar, 3^rd floor,

Flat no. 303, P.S. Shibpur,

District Howrah,

PIN 711 102………….………………………………………………… COMPLAINANT.

• Versus -

   

  1. The New India Assurance Co. Ltd.,

      a company registered under the Companies Act,1956,

      Howrah, D.O. 512200, Madhusudan Apartment, 2^nd floor,

      P-18, Dobson Lane, P.S. Golabari, 

      Howrah  711101.

2. Golden Trust Financial Services

having carrying its business at

16,  R.N. Mukherjee Road,P.S. Hare Street,

Kolkata 700 001. ………………………………………OPPOSITE PARTIES.

                                                P    R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1. The instant case was filed by complainant U/S 12 of the C.P. Act, 1986 wherein the complainant has prayed for direction upon the o.p. no. 1 to release the claim amount together with compensation and litigationcosts as the o.p. no. 1 repudiated the claim on flimsy ground in spite of the policy issued by them.

    

2. The o.p. no. 1 in the written version contended interalia that the condition precedent for settlement of the claim was establishment of status by way of documentary evidence and that such condition not being fulfilled, the question of settlement does not arise.

3. The o.p. no. 2, G.T.F.S. in their written version clearly stated that the deceased

Vishal Jhunjhunwala was a field worker and as such the claim of the complainant cannot be repudiated.

4. Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.Ps.  ?

1. Whether the complainant isentitled to get any relief as prayed for ?

    

   DECISION  WITH   REASONS      :

    

   5. Both the points aretaken up together for consideration. The death of Vishan Jhunjhunwal in a road accident on 19.4.2008 is not disputed. As a field worker ofG.T.F.S. he made a policy which was valid from 01.9.2000 to 30.8.2015 covering Rs. 5 lakhs in case of accidental death. The dispute over his status as field worker is set at rest as the G.T.F.S. issued identical certificate to the policy holder. The o.p. no. 1 issued the certificate after proper scrutiny. Now there is no scope to repudiate the claim as the accident and the resultant death of the policy holder occurred within the period of coverage. We are, therefore, of the views that this is a fit case where the prayer of the complainant, the nominee, shall be allowed. Both the points are accordingly disposed of.

      Hence,

O     R     D      E      R      E        D

      That the C. C. Case No. 423 of 2013 ( HDF 423 of 2013 )  be and the same is allowed on contest as against the o.p. no. 1 with costs and dismissed against  o.p. no.2 without costs.  

      The O.P. no. 1 be directed to release the claim amount of Rs. 5 lakhs  within  30 days from the date of this order together with 10% per annum from 30.7.2008 till full satisfaction.

      The o.p.no. 1 do further pay a sum of Rs. 1 lakh as compensation to the complainant for causing mental pain and unnecessary harassment within the period as mentioned above, together with a litigation costs of Rs. 5,000/-.

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME.  

  (    T.K. Bhattacharya  )                                              

  President,  C.D.R.F., Howrah.