BEFORE THE DISTRICT CONSUMER REDRESSAL FORUM
(DISTRICT FORUM)
NORTH TRIPURA JUDICIAL DISTRICT: KAILASHAHAR.

                              C A S E   NO. C. C.  14 of 2013

1.SHRI SUBODH NATH
Son of late Sitesh Chandra Nath
of Santipur, PO – Kanchanpur
North Tripura District 
Smti. Rekha Bala Nath
          wife of Shri Subodh Nath
          of Santipur, PO – Kanchanpur
          North Tripura District
Shri Sushil Nath
          son of late Sitesh Chandra Nath
          of Santipur, PO – Kanchanpur
          North Tripura District 

                                                                   …. COMPLAINANTS            

V E R S U S

                      1. The Oriental Insurance Company Private Limited
                          Represened by Branch Manager,
                           Dharmanagar Branch, Rajbari
                           Dharmanagar, North Tripura 
                         2. Divisional Manager
                            The Oriental Insurance Company Limited 
                            3rd Floor, Pavan Towars, Fire Lane,
                           Dwarakanagar, Vishakapattanam- 530016,
                           Andhra Pradesh
                         3. Vinson Industries Private Limited
                            2nd Floor, Balaji's Mongalagiri, Chamber Siripuram,
                           Vishakattanam- 530003, Andhra Pradesh
                         4. Branch Manager,
                             The Oriental Insurance Company Limited
                             Sichar Branch, Cachar, Assam
                                        OPPOSITE PARTIES
                                                     
               P R E S E N T

                                          SHRI G. DEBNATH 
                                               PRESIDENT
                                          DISTRICT FORUM
                             NORTH TRIPURA JUDICIAL DISTRICT
                                                KAILASHAHAR

          A N D 

                                  SHRI M.K. SAHA, MEMBER

                             SMTI. S. CHAKRABARTY, MEMBER

                        C O U N S E L

  For the complainants : Shri Sayan Chakraborty, Advocate 

       For the Opposite Party : Mr. A. Bhattacharjee, Advocate  
   
              ORIGINAL DATE OF INSTITUTION : 4TH JULY,  2013

        JUDGMENT DELIVERED ON THE  16TH DAY OF JULY, 2015
    
                        J U D G M E N T

        This complaint under section 12 of the Consumer Protection Act, 1986 has been filed by Subodh Nath, Rekhabala Nath and Sushil Nath against the Branch Manager, Oriental Insurance Company Limited and Divisional Manager, Oriental Insurance Company Limited and two others seeking assured sum of Rs. 1,00,000/- with interest, litigation cost, compensation for deficiency in service on the part of the OP-Insurance Company. 

2.    The fact as divulged in the comlaint is that Suban Nath, son of complainant No. 1, Suboth Nath, during his life time purchased an insurance policy covering personal accident coverage for Rs. 1,00,000/-for the period 29-01-2010 to 28-01-2011, wherein Sushil Nath, the complainant No.3, the uncle of Suban, was the nominee. On 17-01-2011 Suban Nath, since deceased, while proceeding towards Khilahriat from Agartala by driving vehicle No. AS-01-CC-1798 and reached near Jongsong on NH 44, Meghalaya, lost control of his vehicle and fell down in a deep lunga. Consequently, the insured Suban Nath died in the spot. A GD entry was made vide entry No. 261 dated 17-01-2011 at Lumsong anti-dacoity camp under Khilhriat PS. Inquest report was prepared over the dead body of Suban and P.M. Examination was done by the MO of Jayantia Hill District Hospital. After that, the complainants filed a petition before the OP-insurance company for releasing the assured sum of Rs. 1,00,000/- as personal accident coverage of Suban. The OP-Insurance Company investigated the matter and informed the complainant No. 3, Sushil Nath, to submit voter I Card, P.M. Examination Report of Suban Nath, copy of FIR. All these papers were handed over to the OP-insurance company by Sushil Nath, the complainant No. 3. On 16-04-2012 the OP No. 3, i.e., Vinson Industries Private Limited, a corporate partner of the OP-insurance company, informed the complainant No. 3, Sushil Nath, to submit legal heir certificate and bank details of Sushil Nath. Accordingly, case No. Misc. (Succession) 04/2012 was filed in the court of learned Civil Judge(Jr. Division), Kanchanpur. Such certificate was issued in the name of Subodh Nath and Rekhabala Debi, the present complainants Nos. I and 2 respectively on 25-02-2013. Copy of such certificate and bank detail information was reported to the OPs, but after a long time on 22-06-2013 the OPs replied that the claim was closed. The OP-insurance company by written statement pleaded that the investigator was engaged and such investigator filed report on 29-07-2011 before the Divisional Manager, Agartala. The investigation revealed that the insured Suban Nath obtained the policy of insurance through Vinson Industries Private Limited, Silchar, a network business group  of the OP-insurance Company. It further revealed that on 17-01-2011 at Jayantia Hlll, Meghalaya, Suban lost control of his vehicle and consequently, met an accident and died. He had his driving licence valid up to 15-12-2013 and the accidental death was genuine in nature. On 12-04-2012 the OP No.2, i.e., Divisional Manager, Oriental Insurance Company Limited asked for legal heir certificate and bank pass book with IFSC Code. Accordingly, on 01-10-2013 Divisional Manager, Agartala received letter from OP No. 2 that since Sushil Nath, the complainant No. 3, is not a relative by blood of the parents of the insured and since the parents are alive and failed to submit legal heir certificate within 14 days from 12-04-2012, it was presumed that the complainants were not interested in pursuing their claim and accordingly, the file was closed as 'no claim'. 

3.    On the basis of the pleadings, the following issues were framed:
Wheher the complaint is maintainable?
Whether there has been deficiency in service on the part of the OPs?
Whether the complainant is entitled to the award as claimed?
Whether the complainant is entitled to compensation and if so, to what extent?
   Any other reliefs the parties are entitled thereto?
 
4.    Sushil Nath, the complainant No. 3, examined himself himself as PW 1 and exhibited FIR of the accident, marked Ext. 1, Inquest Report of Suban, marked Ext. 2, P.M. Examination Report, marked Ext. 3, certificate of disability of Subodh Nath, the complainant No.1, marked Ext. 4, succession certificate issued by the court of learned Civil Judge(Jr. Division), Kanchanpur, marked Ext. 5. 

5.    The OP s did not adduce oral evidence. 

6.    During the argument learned counsel of the complainants argued that the OPs are guilty of gross deficiency in service. Hence, they are liable to compensate the complainants. 

    Learned counsel Mr. A. Bhattachaerjee appearing for the insurance company submitted that there were some procedural defects, but the OP-insurance company shall follow any judgment/order which may be passed by this Forum. 

    All the issues are taken up together for discussion and decision. 

DECISION AND REASONS FOR DECISION

7.    OP-insurance company in their written statement admitted the fact that Suban Nath procured a policy of insurance covering personal accident; that Suban Nath died in a motor vehicle accident on 17-01-2011 at Meghalaya; the investigator of the OP-insurance company submitted report confirming the claim of the complainants. The OP-insurance company asked the complainant No.3, Sushil Nath, the nominee of the policy of insurance to submit legal heirship certificate for which the complainant No. 1 and 2 had to file a  succession case before the court of learned Civil Judhe(Jr. Division), Kanchanpur vide case No. 04/2012, wherein succession certificate was issued on 25-02-2013, which was duly communicatd to the insurance company, but the insurance company closed the claim of the complainants as 'no claim'. 

8.    We find it difficult to understand while there was a nominee nominated by the deceased insured, why the OP No. 1 was asked for survivorship/succession certificate from the nominee. It is the bounden duty of the OP-insurance company to disburse assured sum to the nominee and it is for the nominee to disburse the amount in favour of the legal heirs of the insured-deceased. Thus, it is apparently evident that the concerned officials of the OP-insurance company were either reluctant to shoulder the official responsibility or ignorant of the procedure to be adopted in disbursing the claim, for which the complainants, specially complainant Nos. 1 and 2, the parents of Suban Nath, since deceased, have been suffering. Thus, the OPs failed to discharge their obligation as insurer, which amounts to gross deficiency in service. 

    All the issues are decided accordingly. 
    
    O R D E R 

9.    In the result, we direct the OP No. 1, the Branch Manager, Oriental Insurance Company Limited, Dharmanagar Branch, Dharmanagar to disburse the amount of Rs. 1,00,000/-(rupees one lac) to the nominee, Shri Sushil Nath, the complainant No. 3, within 30(thirty) days from today with interest @ 9% (nine percent) from 15-06-2011, the day when voter ID card etc. were sought by the OP, till the date of payment and the OP No. 1 shall also pay a further sum of Rs. 20,000/-(rupees twenty thousand) as compensation for their gross deficiency in service. 

9.    The case stands disposed of accordingly. 

10.    Furnish copy of this judgment to the parties free of cost. 
                                 ANNOUNCED