Andhra Pradesh

Nellore

CC/5/2016

Shaik Sameena alias Nasreen, W/o Late Shaik Sajid - Complainant(s)

Versus

The Oriental Insurance Company Limited, Rep by its Branch Manager - Opp.Party(s)

A.V.Raghava Reddy

31 Aug 2017

ORDER

Date of filing       : 20-01-2016

Date of Disposal :  31-08-2017

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

           :: NELLORE ::

                                                       

Thursday, this the 31st day of AUGUST, 2017.

 

            Quorum: Sri Sk.Mohd.Ismail, M.A., LL.B.., President

                           Sri K.Umamaheswara Rao, M.A., B.L., Member 

 

 

C.C.No.5/2016        

 

Shaik Sameena @ Nasreen,

W/o.Late Shaik Sajid,

Muslim, aged about  35 years,

Presently residing at 2-126, GNT Road,

Tada, Nellore District.                                                         …  Complainant

 

                      Vs.

                                                                            

The Oriental Insurance Company Limited,

Rep. by its branch manager,

A.K.Nagar, Nellore.                                                              … Opposite party

 

This matter coming on  28-08-2017 before us for final hearing in the presence of  Sri A.V.Raghava Reddy, Advocate  for the complainant  and          Sri D.V.R.Kiran Kumar, Advocate for the opposite party and                             having stood over for consideration till this day, this Forum passed the following:                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          

ORDER                                                                                                                                                                                                                                                                  (By Sri Sk.Mohd.Ismail, M.A., LL.B.., President)

 

 

1.     The complainant filed this complaint under section 12 of Consumer Protection Act, 1986 against the opposite party to pay Rs.1,00,000/- towards personal accident claim amount under the insurance policy with interest @12% p.a. from the date of the death of the insured on 13-12-2011 till realization, to pay damages of Rs.50,000/- and costs of Rs.5,000/- and submits to allow the complaint.

 

2.  The brief averments of the complaint are as follows:

 

      The complainant submits that her husband Shaik Sajid purchased one new Hero Honda Passion pro motor bike on 01-11-2011 from Sri A.M.Reddy Auto Agencies, Nellore bearing Enginer No.HA10EDBGK65354 and the complainant’s husband took insurance coverage to the said vehicle from the opposite party under two wheeler certificate cum policy bearing No.214600/31/AP/10177/2012/831242 including personal accident risk cover of Rs.1,00,000/- to the owner driver.   The opposite party collected insurance premium of Rs.1310/- for the said policy and the said insurance policy covers risk commences from 01-11-2011 to 31-10-2012.  The complainant who is the wife of the insured is the nominee to the said policy. 

     The complainant further submits that her husband on 13-12-2011 at about 3-30 p., while proceeding towards Mypadu  on his personal work, suddenly slipped and fell down on the road and sustained severe bleeding injuries and died on the spot.  The case was registered by the S.H.O. Indukurpet under FIR No. 137/2011 dated 13-12-2011 and postmortem was conducted on the body of the  deceased by the  Medical Officer of Primary Health Centre, Mypadu. 

      The complainant submits that in the month of January, 2012 she submitted a representation to the opposite party informing about the death of her husband and requested to pay the personal accidental claim amount of Rs.1,00,000/- and inspite of several representations.  The opposite party failed to pay the personal accident amount and as the acts of the opposite party amounts to deficiency of service, the complainant filed this complaint against the opposite party to direct for the payment of Rs.1,00,000/- with interest @ 12% p.a., Rs.50,000/- towards damages and Rs.5,000/- and submits  to allow the complaint.

 

3.  The opposite party filed written version with the following averments that :

     The opposite party submitted that  this opposite party issued a policy bearing No.214600/31/AP10177/2012/831242 which includes personal accidental coverage of the vehicle purchased by the Sk.Sajid which is a Hero Honda  Passion Pro motor Cycle through A.M.Reddy Auto Agencies, Nellore.  This opposite party submits that the said policy commences from 01/11/2011 to 31/10/2012.  Later, the opposite party came to know that the said Sajid was demised  on 13/12/2011 in a road accident that took place near Mypadu.  Subsequently to the demise of the policyholder, the mother and as well as the wife of the deceased approached this opposite party’s  office and that submitted the necessary documents and  requested this opposite party to pay the claim amount under the said policy to them. The opposite party informed to the complainant to furnish family members certificate and proper person certificate to process her claim as the mother of the deceased.  Suppressing these facts, this complainant filed this complaint with false averments.

     The opposite party submits that one Sk.Sajid, husband of the complainant got purchased one new Hero Honda Passion Pro motor Cycle from  A.M.Reddy, Auto Agencies, Nellore on 01-11-2011 and the said vehicle was insured with this opposite party by paying proper premiums, the said policy will cover the personal accident coverage to the extent of Rs.1,00,000/- to the owner cum driver.  The said policy commenced from 01-11-2011 to 31-10-2012.  Later, the said Sajid was demised on 13-12-2011 in a road accident that  took place  near Mypadu.  Subsequently to that  the mother of the deceased and as well as the wife of the deceased gave to separate letters to this opposite party to process their claim and further requested to pay the amount to them under personal accidental coverage lying under the said policy.  It clearly shows that it is a rival claim submitted by the both parties.  A letter dated 05-10-2012 was given by the mother  (Sk.Meharunnisa) and the contents  therein may be read as part and parcel of this written version.  The letter dated 12-03-2015 was given by the  wife of the  deceased by name Sk.Sameena also filed herewith and the contents they are may be read as part and parcel of this written version.  In that letter, the said Sameena requested this opposite party by enclosing some of the necessary documents,  which was placed in the said letter and requested to process her claim.  Thereafter again on 15-05-2015, the said Sameena gave another letter to this opposite party and for the claim amount lying under the said policy.  As it is rival claim submitted by the both parties under one claim this opposite party clearly stated that they have to furnish family members certificate along with proper person certificate issued by the competent authority to process their claim.

 

    The complainant did not submitted family members certificate and proper person certificate of the wife and mother of the deceased, the opposite party did not pay the amount to the complainant and as the complainant failed to produce the documents before the opposite party, the complaint filed by the complainant against the opposite party is not maintainable and the same has to be dismissed and submits for the costs and dismissal of the complaint.

 4.  On behalf of the complainant, PW1 was examined and Exs.A1 to A10 marked. 

5.   On behalf of the opposite party RW1 was examined and Exs.B1 to B3 marked. 

6.    Ex.A1 is a sale certificate about the purchase of the motorcycle,  Ex.A2 is a photocopy of the policy, Ex.A3 is a photo copy of FIR under crime No.137/2011 under section 304(A) of IPC, Ex.A4 is a  Photocopy of postmortem report, Exs.A7 and A8 are the applications submitted by the complainant to the opposite party, Ex.A9 is a certificate issued by the advocate/notary and Ex.A10 is a photocopy of the  statement of Village Revenue Officer, Tada (M), Ex.B1 is a  copy of the insurance policy, Ex.B2 is a letter of application submitted by the mother of the deceased and Ex.B3 is a letter addressed and submitted by the complainant to the opposite party.

7.   On behalf of the both parties, written arguments filed, perused the written arguments filed on behalf of the both parties.

8.  Arguments on behalf of  learned counsels for both parties heard.

9.   Now, the points for consideration was

     (i) Whether the complaint filed by the complainant against the opposite

         party for payment of Rs.1,00,000/- to the complainant is maintainable?

     (ii) Whether there is any deficiency of service by opposite party

 towards complainant?

    (iii) To what relief the complainant is entitled?

 

7. POINT NOS.1 AND 2:  Both  these two points are taken up together for our consideration as both points are inter-related.

      The learned counsel for the complainant submits by relying upon Exs.A1 to A10 that the complainant is a legally wedded wife of the  deceased and the deceased died in an accident which took place on 13-12-2011 and during the life time of her husband and the complainant  at the time of purchase of the motor cycle  personal accident coverage was issued in favour of husband of the complainant and after death of husband of the complainant, the complainant approached the opposite party for the payment of Rs.1,00,000/- towards personal accident amount and without any justifiable cause, the opposite party to pay the personal accident amount of Rs.1,00,000/- and submits to allow the complaint by giving  direction to the opposite party for payment of Rs.1,00,000/- to the complainant and submits to allow the complaint.

   On the other hand, the learned counsel for the opposite party submits by relying upon Ex.B2 that  as the mother of the deceased also  submitted for rival claim for that personal accidental amount of Rs.1,00,000/-.  Hence, both the parties advised by their advocates to obtain family members certificate or proper person certificate. As both the parties failed to submit the said documents,  the opposite parties did not pay the amount and as the both parties failed to produce  the proper person certificate, the complaint filed by the complaint against the opposite party is not maintainable and submits for  dismissal of the complaint against the opposite party.

      In view of the  contention of both parties,  and as seen from the records the opposite party is not a disputing the relationship of  both the complainant and one Sk.Meharunnisa , W/o.Khader Basha who is the mother of the deceased.  The only objection raised by the opposite party is that as the complainant was advised to obtain family members certificate or proper person certificate and as the complainant failed to produce the said documents, the opposite party did not gave the amount to the complainant.  At this stage, by relying upon Exs.A1 to A10 and Ex.B2 as there is no rival claim as the complainant filed necessary marriage certificate which was submitted by the opposite party and as there is no dispute by the complainant and Sk.Meharunnisa is the mother of the deceased, we are of the opinion that both the complainant and Sk.Meharunnisa who is the mother of the deceased are entitled for compensation amount equally.

     The learned counsel for the complainant submits that as the complainant is the nominee she is entitled for the compensation.  The noting as nominee in the proposal form is only for the purpose of payment and the payment of the insurance amount is subject to law of succession.  In

         Rahul Chandrakant Modi Vs. Reliance Life Insurance Limited  

          and Ors.  III (2011) CPJ 73 (Mah).

       Wherein “the Hon’ble State Commission held that nominee is accepted to recover the money and distribute the moneys amongst heirs but nominee is never owner of the said money”

   Following the above said decision, though the claim to the complainant is  noted as nominee but  noting as nominee it does not mean that other legal heirs are not entitled  to receive the insurance amount.  By relying upon the above decision and the facts of the case that as the complainant and one  Sk.Meharunnisa, mother of the deceased are the legal heirs, we are of the opinion that both the complainant and Sk.Meharunnisa who is the mother of the deceased  also entitled to collect the compensation amount equally. By relying upon the  decision and discussions made above, we answered Point No.1  partly in favour of complainant and in view of our discussion we answered point No.2 against the complainant and in favour of the opposite party. 

8. POINT No.3:  In view of our answering on point No.1 partly in favour of the complainant  and in view of our answering on point No.2 against the complainant and in favour of the opposite party.  We are of the opinion that the complaint filed by the complainant has to allow partly.

          In the result, the complaint is allowed partly and the complainant is entitled for Rs.50,000/- (Rupees fifty thousand only) only  and Sk.Meharunnisa, who is the mother of the deceased  is entitled for Rs.50,000/- (Rupees fifty thousand only) only.

        The opposite party is informed to obtain necessary identity particulars from the complainant and Sk.Mehurunnisa who is the mother of the deceased before issuing the cheques or drafts in favour of the concerned party.

          It is further ordered that any claim in respect of  the death of the deceased  Sk.Sajid, the complainant  and Sk.Meharunnisa, who is the mother of the deceased Sk.Sajid, are alone responsible to pay compensation if any claim arises due to the death of the deceased Sk.Sajid.

        The opposite party is directed to pay Rs.50,000/- (Rupees fifty thousand only) only to the complainant and Rs.50,000/- (Rupees fifty thousand only) to  Sk.Meharunnisa, who is the mother of the deceased  on proper identification on communication of the order. 

              The claim of the complainant for damages and costs is hereby disallowed as the complainant did not approach the opposite party with proper documents.

     Dictated to the Stenographer, transcribed by her and corrected and pronounced by us in the Open Forum this the  31st  day of AUGUST,                2017.    

 

                    Sd/-                                                                          Sd/-                                                                     

              MEMBER                                                                      PRESIDENT

 

  APPENDIX OF EVIDENCE

 WITNESSES EXAMINED FOR COMPLAINANT:

 

PW1

13-06-2017

:

Shaik Sameena @ Nasreen, W/o.Late Sajid, Muslim, aged about 33 years, residing at 2-126, G.N.T.Road, Tada Village & Mandal, SPSR Nellore District.

 

WITNESSES EXAMINED FOR OPPOSITE PARTY:

 

RW1

28-06-2017

P.Satish Babu, S/o.P.Charle babu, Hindu, aged about 41 years and working as in the opposite party’s office and residing at Ongole.

                                                                        

EXHIBITS MARKED FOR COMPLAINANT:

 

Ex.A1	01-11-2011	:	Photostat copy of sale certificate issued by A.M.Reddy Auto agencies, Nellore.
Ex.A2	01-11-2011	:	Photostat copy of two wheeler certificate cum policy schedule issued by the opposite party in favour of the complainant’s husband.
Ex.A3	13-12-2011	:	Photostat copy of FIR in crime No.137/2011 of Indukurpeta P.S.
Ex.A4	14-12-2011	:	Photostat copy of Postmortem certificate issued by the  Medical Officer, Primary Health Centre of Mypadu, Nellore District.
Ex.A5	05-01-2012	:	Photostat copy of death certificate of the husband of the complainant.
Ex.A6		:	Photostat copy of letter addressed by the complainant to the opposite party.
Ex.A7	12-03-2013	:	Letter addressed by the complainant to the opposite party.
Ex.A8	15-05-2015	:	Letter addressed by the complainant to the opposite party.
Ex.A9	31-07-2015	:	Photostat copy of notary affidavit of  family members of the complainant by showing family members.
Ex.A10		:	Photostat copy of statement of the village revenue office, Tada, Nellore District.

 

EXHIBITS MARKED FOR OPPOSITE PARTY:                         

 

Ex.B1	01-11-2011	:	Policy issued to Shaik Sajid bearing No.214600/31/AP/10177/2012/231242 by the opposite party.
Ex.B2	05-10-2012	:	Letter given by the mother of the deceased.
Ex.B3	12-03-2015 15-05-2015	:	Two letters given by the wife of the deceased.

 

                

                                                                               Id/-

                                                                      PRESIDENT

 

 

Copies to:

 

1) Sri A.V.Raghava Reddy, Advocate, Nellore.

 

2) Sri  D.V.R.Kiran Kumar, Advocate, 25-9-336,

    Z.P.Colony, Nellore – 524 004.

 

 

Date when order copies were issued: