Rupa Samanta,

wife of late Amiya Kumar Samanta,

of Village & P.O. Binogram,

District – Hooghly,

PIN – 712401. ---------------------------------------------------------- COMPLAINANT.

-          Versus   -

1.      The New India Assurance Co. Ltd.

( Howrah Branch ).

2.      The Divisional Manager,

Unit No. 512200, Madhusudan Apartment,

P-18, Dobson Lane ( 2^nd Floor ),

Howrah – 711101,

having its registered & head offie at

87, Mahatma Gandhi Road, Fort,

Mumbai – 400001.

3.      M/s. Golden Trust Financial Service ( P ) Ltd.

16, R.N. Mukherjee Road,

Kolkata – 700001. ------------------------------------------------OPPOSITE PARTIES.

                                                P    R    E     S    E    N     T

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

Member      :      Shri P.K. Chatterjee.

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 Rupa Samanta has  prayed for direction upon the o.p. no. 1 to pay the insured sum of Rs. 50,000/- together with a compensation of another  Rs. 50,000/- + litigation costs as the O.Ps. in spite of furnishing all the details over the claim amount repudiated her claim. The husband of the complainat Amiya Kumar Samanta since deceased had insured himself before the O.P. no. 1, The New Indian Assurance Company Ltd. under Group Janata Personal Accident Policy through O.P. no. 3 and the policy being no. 4751220001799/E No. 47-30861 dated 23-06-2000 stood in the name of Amiya Kumar Samanta who met an unfortunate road accident on 08-11-2077 and succumb to the injury. Hence the complaint for obtaining the insured sum of Rs. 50,000/-.   

2.                  The o.p. nos. 1 & 2 in the written version contended interalia that the

complainant did not supply the original documents in spite of repeated demands ; that the complaint was not filed within a period of two years and as such she has lost her legal right to get any remedy ; that the complainant got married with another person and left her husband’s place along with her daughter and thereby she has no right to file any petition for claim.

3.                  The O.P. no. 3 in their written version stated that the deceased Amiya Kumar

Samanta was a field worker ; that his death is not disputed ; that  Rupa Samanta is the widow of deceased Amiya Samanta ; that O.P. no. 3 is not responsible for the repudiation of the claim by O.P. nos. 1 & 2 ; that there is no justification for denying the claim of the complainant.

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.  ?

ii)                  Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5.                  Both the points are  taken up together for consideration. The certificate issued

by the O.P. nos. 1 & 2 unerringly reflects that Amiya Kr. Samanta of village & post Binogram, district – Hooghly was the policy holder which covered a sum of Rs. 50,000/- and the policy remained valid till 22-06-2015. The policy holder died on 08-11-2007 leaving behind his widow, minor daughter and mother as his legal heirs. The dispute over the status of the Amiya Kr. Samanta whether a field worker is just bogus as the O.P. nos. 1 & 2 had sufficient opportunity to scrutinize before issuing the certificate. Once the certificate was issued, the O.P. nos. 1 & 2 cannot wriggle out of the situation created by them. The other reason assigned by the O.P. nos. 1 & 2 that the original documents were not supplied on repeated demands is just fragile to merit acceptance.  This is because all the documents relating to the certificate has been lying  with the O.P. no. 1 and they cannot repudiate the claim on such unacceptable reason.

6.                  With respect to the dispute that  Rupa Samanta married another person after

the death of her husband Amiya Kumar  Samanta and left her husband’s residence with her minor daughter is just her personal matter and the O.P. nos. 1 & 2 cannot have any locus standi to raise such question. To dispel the dispute as the 1/3 share of Rupa, her minor daughter and her mother in law, we are of the view that the amount of Rs. 50,000/- is a very paltry one and it cannot be shared in three proportion since the minor daughter has been studying in school and her marriage  in the coming years shall be a problem to her mother in the shelter of her foster father. In such  circumstances we are of the view that the entire amount shall remain deposited in a fixed deposit scheme for nearly six years in any nationalized bank and to be disbursed when she attains majority. We are sure that our such decision to keep the entire claim amount together with the interest accrued shall be appreciated by the other  legal heirs as Ankita Samanta is a minor of 12 years and to defray the expenses of her further studies her mother Rupa Samanta shall not face any difficult. Be it also mentioned that when she attains her marriageable age, the fatherless daughter may not face any financial stringency during the time.    

7.                  The O.P. nos. 1 & 2,  The New India Assurance Company  Ltd. be directed to

disburse the claim amount within one month from the date of this order together with interest accrued since the date of filing of the claim petition till full satisfaction.

                  Accordingly both the points are disposed of in favour of the complainant.

      Hence,

O     R     D      E      R      E        D

      That the C. C. Case No. 120 of 2012 ( HDF 120 of 2012 )  be  and the same is disposed of  on contest with  costs  against  the O.P. nos. 1 & 2 and dismissed against O.P. no. 3 without cost.

      The O.P. nos. 1 & 2 be directed to disburse the claim amount of  Rs. 50,000/- together with 10% interest p.a. since the date of filing of the claim petition i.e., 06-08-2008 till full satisfaction. 

      The o.p. nos. 1 & 2 be further directed to issue a cheque in favour of the complainant  Rupa Samanta of Village Alati, P.O. Alati, P.S. Porsura, District – Hooghly. The complainant  Rupa Samanta be directed to keep the entire amount in fixed deposit scheme of any nationalized bank for the period of at least six years and to submit before this Court the report of compliance. 

      The complainant is entitled litigation costs of  Rs. 5,000/- from the O.P. nos. 1 & 2.  

      No order as to compensation.

      The complainants are 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.