Karnataka

Bidar

CC/95/2015

Shamrao S/o Chandrashekhar - Complainant(s)

Versus

The Oriental Insurance .Co.Ltd Ahemad Nagar - Opp.Party(s)

Hanmanthrao S. Adv.

28 Sep 2016

ORDER

::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BIDAR::

 

 

                                                                                                          C.C.No.95/2015.

 

                                                                                        Date of filing : 26/12/2015.

 

                                                                                      Date of disposal : 28/09/2016.

 

 

P R E S E N T:-              (1) Shri. Jagannath Prasad Udgata,

                                                                                         B.A., LL.B.

                                                                                                       President.

    

                                         (2) Shri. Shankrappa (Halipurgi),

                                                                      B.A.LL.B.

                                                                                  Member.

 

                                   

 

                                               

COMPLAINANT/S:         Shamrao, S/o Chandrashekhar,

                                          Age: 36 years, Occ: Lineman in Gescom,

                                          R/o Village Satoli,Tq.&Dist.Bidar.

              

 

 

                                

       (By Shri. Hanmanthraya S., Advocate )  

 

 

                              VERSUS

 

OPPONENT/S   :-           1.  The Oriental Insurance Co.Ltd.,

                                             Branch Office, Sawadi branch,

                                             Manmad road, Ahmed nagar,

                                             414003 (M.S.), by its Branch Manager.

 

 

                                        2.  Life Line Life Care, Limited,

                                             Rainbow House,

                                             Sawadi road, Ahemad nagar

                                             (M.S) 414003.

                                            

                                           (O.P.No.1- Exparte )

          (O.P.No.2- In person )

 

 

 

 

 

 

 

::   J UD G M E N T  : :

 

 

 

By Shri. Jagannath Prasad Udgata, President.

 

           This case has been filed by the complainant U/s. 12 of the C.P.Act.,1986,  claiming death insurance coverage in respect of the late father of the complainant Chandrashekhar M.Metri.  As per the complaint  averments the family members  of the  complainant himself, his father and sister had obtained Janata Personal Accident Policy/Nagarik Suraksha Policy from the O.P.no.1 through the O.P.no.2.  Deceased Chandrashekhar M.Metri  was covered for a sum of Rs. 50,000/- in the said Janata Personal Accident Policy.  The policy beg.no.80616/100/101/102 with period of validity from        16-09-2010 to 15-09-2014.  The complainant was the nominee.

 

2.             As per the complainant his father Chandrashekhar M.Metri died on 24-12-2013 by accidentally falling in a well in his village Satoli, Tq.&Dist.Bidar.  The matter was reported to the jurisdictional Manhalli P.S. at Bidar district in which UDR No. 0014/2013 was registered and case was investigated by Police authorities U/s.174 of CRPC.  In course of investigation, a Post-mortem also got conducted on dead body (Ex.P.8), wherein the cause of death has been recorded as “Aspyxial death due to drowning”.  The Police have further investigated the matter in detail, conducted an inquest and has submitted the same to the Taluqa Executive Magistrate (Ex.P.7).  It is born out of record that a claim form was filed with the O.Ps on 08-12-2015 and since  the insured amount has not been paid, the complainant is before us.  He has filed all relevant documents listed at the end of this order and also has filed evidence affidavit corroborating his claim averments.  Written arguments was filed by him on 21-09-2016 and the same has been placed on record.

 

3.              Per contra,  after the Court notice the O.P.No.2 had sent a written version by post addressed to the Asst. Registrar, of this Forum in which he claimed that till February-2013 the organisation i.e. LLLC., Ltd was having working arrangement with the O.P.no.1 and thereafter their business relationship has been severed and hence they cannot be held liable to satisfy the claim of the complainant and O.P.no.1 is squarely responsible to satisfy the insured amount.  The O.P.no.1 in spite of receipt of Court notice had never bothered to appear before the Court and hence, was placed exparte on 11-02-2016.

 

4.                Having no worthwhile contradictions from the Opponent’s  side the short question arises before us is as to whether the complainant Shamrao, s/o late Chandrashekhar M.Metri being shown as nominee of deceased Chandrashekhar M.Metri is entitled of the insured sum of Rs. 50,000/- from the O.Ps or not?

 

5.                   Our answer to the question above is in affirmative and we proceed to pass the following:-

 

 

 

 

 

 

::O R D E R::

 

1.  The complaint is allowed.
2.  In instant case the O.P.no.1 is a factual insurer and   O.P.no.2 was only a facilitator in selling Janata Personal Accident Policy/Nagarik Suraksha Policies.  The relation ship of both the opponents had come to an end during February-2013 which is evident from Ex.R.1 and goes undisputed.  We therefore, direct that the O.P.no.1 do pay a sum of Rs. 50,000/- along with 12% interest per annum calculated from 24-12-2013 till the date of realisation.
3. The O.P.no.1 is further directed to pay damages for a sum of Rs. 10,000/- and a sum of Rs. 5,000/- towards litigation expenses to the complainant.
4. The complaint against O.P.no.2 stands dismissed.
5.  Four weeks time is granted to comply this order.

 

  (Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 28^th  day of September-2016)

 

 

 

           Sd/-                                                                Sd/-

Sri. Shankrappa H.                                             Sri. Jagannath Prasad                                  

         Member.                                                                President.

                                              

 

 

 

         Documents relied upon by the  complainant

1. Ex.P.1-  Commission statement.
2. Ex.P.2-  Insurance claim form dt. 08-12-2015(copy).
3. Ex.P.3-Certificate of insurance g.no.163305/47/2011/1239 ( copy).
4. Ex.P.4-Report of Manhalli Police Station U/s. 173 CRPC
5. Ex.P.5- FIR.
6. Ex.P.6-  Copy of complaint
7. Ex.P.7- Inquest proceeding
8. Ex.P.8- Post Mortem Report
9. Ex.P.9-Postal certificate and receipt.

 

Documents produced by the Opponent

                        1

1. Ex.R1- communication sent by the O.P.o.2 by post.

 

            Sd/-                                                                Sd/-

Sri. Shankrappa H.                                             Sri. Jagannath Prasad                                   

         Member.                                                                President.

 

 

 

 

 

 

 

 

 

 

 

 

 

mv.

 

 

mv.