BEFORE THE DISTRICT FORUM:KURNOOL

Present: Sri K.V.H.Prasad, B.A., LL.B., President

   and

Smt C.Preethi, M.A., LL.B., Member

Monday the 20^thday of August, 2007

C.C. No.29/2007

Maddikera Rangamma, W/o Late Maddikera Pedda Thippanna,

Pedda Jonnagiri (Village and post), Tuggali (M), Kurnool District, A.P.                                  …      COMPLAINANT                   

Verses

1.  The Secretary, Primary Agricultural Credit Society,

Upparllapalli, Jonnagiri (V) and (P), Thuggali (Mandal), Kurnool District.

1.  The General Manager, Kurnool District Co-operative Bank,

Opposite to Government General Hospital, Kurnool.

3)  M/s. Oriental Insurance Company Limited, Represented by its  Divisional Manager,

     Kurnool.                                           …   OPPOSITE PARTIES

                        This  complaint  coming  on  this   day   for  orders in  the presence  of  Sri.A.Rama Subba   Reddy,  Advocate,  kurnool  for complainant, Sri.G.Sudhakara Reddy, Advocate, Kurnool for Opposite Party No.1 and 2 and Sri.D.Srinivasulu, Advocate, Kurnool for opposite party No.3 and  upon the pursuing the material papers on record,  the Forum made the following:-

ORDER

As per Smt. C. Preethi , Member)

C.C.No.29/07

1.      This consumer complaint of the complainant is filed Under Section 12 of C.P. Act, 1986, seeking a direction on opposite parties to pay Accidental Policy amount of Rs.50,000/- with benefits and with 24%  interest per annum, Rs.10,000/- as compensation, cost of the complaint and any other relief or reliefs which the complainant is entitled in the circumstances of the case.

1.      The  brief  facts of  the complainants  case is  that the  complainants  husband M.P. Thippana was a member of opposite party No.1 society and he was issued a Kishan Credit Card which covers the accidental risks under master policy bearing No.433100/47 20006/91/01. The complainant’s husband died on 7.3.2006 in Rail accident.  As nominee the complainant submitted claim form with all necessary papers to opposite party No.1 with a request to submit the same to opposite party No.3 . The opposite party No.3 repudiated the claim on the ground that the inquest and Post morten Report contains the age of Late Thippanna as 85 years.  But the complaiant submit that as per the list send to the opposite party No.2 the age of Thippanna was 64 years and the Election Indenty Card shows the age of Thippanna as 67 years in the year 2006. Hence, the repudiation by opposite party No.3  is improper and amounts to deficiency of service, hence  resorted to the forum for reliefs.

1.    The complainant in substantiation of her case relied on the following documents viz., (1) Repudiation letter dated 12.9.2006 and (2) voters list dated 21.1.2004 of Pathikonda constiuency covering  Jonnagiri at page No.5, SL.No. 172, besides  to the sworn affidavit of the complainant in reiteration of her complaint avernmens and above documents are marked as Ex.A1& A2 for its appreciation in this case.  The complainant caused interrogatories to opposite parties 1 to 3, and replied to the interrogatories of opposite party 1 and 2. 

1.      In pursuance to the notice of this Forum as to this case of the complainant the opposite parties 1 to 3 appeared  through their standing counsel and filed separate written version. 
2. The written version of opposite party 1 and 2 submits that the deceased Thippanna was their  member  and was covered under the scheme of Accidental death benefit Insurance policy issued by opposite party No.3 and it is for opposite party No.3 to settle the claim  and pay  compensation to the complainant. There is no negligence or delay in any manner on part to opposite party No.1 and 2 in settlement of the claim.  Therefore, seeks for the dismissal of complaint with costs.

1.   The opposite party No.3 submits that the deceased Thippanna was covered under the master policy covering the accidental risk of Kishan Credit Card holders and said Thippanna died on 7.3.2006.  On the claim preferred by the complainant it was repudiated on the ground that the inquest and post mortern  certificate showed the age of Thippanna as 85 years and the policy covers and persons aged between 18 to 69 years only.  Therefore, the repudiation is after due application of mind.  The age  mentioned in the inquest is only after the  enquiry from the wife and close relatives and post morten certificate contains the age,  arrived by a Doctor and the voters Identity Card cannot be chinching proof of age and the same is not submitted along with claim form .  Hence, the complainant cannot rely on said documents, therefore there is no deficiency of service on part of opposite party No.3 and the complainant has to approach Civil Court for determination of age and seeks for the dismissal of complaint with costs.

1.      In substantiation of their case the opposite parties relied on the following documents (1 ) Attested Xerox  copy of Kishan Credit Card Insurance Policy covering the period from 24.2.2006 to 23.2.2007 (2) attested Xerox copy of premium amount receipt dated 23.2.2006 (3) attested xerox of terms and conditions of Janata personal Accident Policy  and (4) relevant entry at SL.No. 301 of Kishan Credit Card  personal Accident policy schedule for the year 2006 -2007 pertaining Branch office Pattikonda ,  besides to the sworn affidavit of the opposite parties 1 and 2 in reiteration of their written version avernments and the above documents are marked as Ex.B1 to B4 for its  appreciation in this case.  The opposite party 1 and 2 caused interrogatories to the complainant and replied to the interrogatories of complainant.

1.      Hence, the point for consideration is to what relief the complainant is entitled  alleging deficiency of service on part of opposite parties ?.
2.      The complainant is the wife and nominee of the deceased policy holder Thippanna under the policy issued by opposite party No.3 vide Ex.B1 and the policy holder died on 7.3.2006 in a Rail accident.  On the claim preferred by her the opposite party No.3 repudiated vide  Ex.A1 stating that the policy holder’s age in post mortern and inquest report shows as 85 years and the Kishan Credit Card Insurance Policy covers age group of 18 to 70 years only.    To substantiate their contentions the opposite party No.3 did not file any documents to prove that the age of the policy holder was 85 years.  The main contention of opposite party No.3 in their written version was that in the post mortern report and inquest report, the age of policy holder was mentioned as 85 years but no  post mortern report and inquest report is brought on record, in the absence of any record it can not be said that the policy holder’s age was 85 years at the time of accident.  The opposite party No.3 having accepted the Accidental Insurance coverage to the policy holder under the said policy at the relevant time accepting the age of the policy holder as 64 yeas mentioned in the list vide Ex.B4 cannot now take a stand  and repudiate the claim that the policy holder age was 85 years.  The Ex.B4 is the Kishan Credit Card Personal Accident Policy schedule for the year 2006-2007 pertaining to branch office Pattikonda at S.L.No. 301, the policy holder’s age was mentioned as 64 years and accepting the said age policy vide Ex.A1 was issued. Hence , the plea of opposite party No.3 is remaining as devoid of merit and force. 

1. When the death of the policy holder is not in violation of terms and conditions of the policy and when there is no cogent and substantiative material to believe that the policy holder age was 85 years at the time of the accident, the opposite party No.3 has no other go except to honour the terms and conditions of the policy in making its due payment to the nominee/complainant.

1. From the circumstances discussed above, there is absolutely no record placed by the opposite party No.3 to dis belive  the age mentioned in the list in Ex.B4 as in correct.  Hence, the act of repudiating the claim of the complainant by opposite party No.3 as is remaining without any justifiable excuse and the said conduct of opposite party No.3 is certainly amounting to failure on  its part  in performing the statutory duty and there by  entitling the complainant to the reliefs sought.

1. As no cause of action is made out against opposite parties 1 and 2 case against opposite party No.1 and 2 is dismissed.

1. In the result, the complaint is allowed directing the opposite party No.3 to pay to the complainant the assured amount under the policy of the deceased Thippanna along with cost of Rs.1,000/- within a  month of receipt of this order. In default the opposite party shall pay the supra awarded amount with 9 % interest from the  date of default till realization.

     Dictated to the stenographer, transcribed by her, corrected and pronounced in the open bench this the 22^nd  day of August, 2007.

    Sd/-                                                                                                    Sd/-     

MEMBER                                                              PRESIDENT         

APPENDIX OF EVIDENCE

Witnesses Examined

For the complainant :Nil                           For the opposite parties :Nil

List of exhibits marked for the complainant:-

Ex.A1.      Repudiation letter dated 12.9.2006.

Ex.A2.      Voters list, dated 20.1.2004 of Pattikonda constinuency 

                 Covering Jonnagiri at page No.5 SL.No.172.

List  of exhibits marked for the opposite parties:

Ex.B1.      Attested xerox of Kisan Credit Card Insurance Policy

                Covering the period from 24.4.2006 to 23.2.2007 in

                Favour of K.D.C.C. Bank.

Ex.B2.      Attested xerox premium amount receipt dated 23.2.2006.

Ex.B3.      Attested xerox copy of terms and conditions of Janata   Personal  Accident Policy. 

Ex.B4.      Relevant entry at SL.No. 301 of K.C.C. Personal Accident  Policy Schedule for the year 2006-2007 pertaining to Branch Office,  Pattikonda.

         Sd/-                                                                            Sd/-                    

      MEMBER                                                                       PRESIDENT               

Copy to:-

1. Sri.A. Rama Subba Reddy, Advocate,  Kurnool.

2. Sri.G. Sudhakar Reddy, Advocate, Kurnool.

3. Sri D. Srinivasulu, Advocate, Kurnool.

Copy was made ready on:

Copy was dispatched on:

   Copy was delivered to parties