West Bengal

Paschim Midnapore

CC/9/2012

Smt. Rekha Trivedi - Complainant(s)

Versus

The Senior Divisional Manager, National Insurance Co. Ltd - Opp.Party(s)

29 Jun 2012

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No. 09/2012                                                         Date of disposal: 29/06/2012                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr. K. S. Samajder.

                                                      MEMBER :  Mrs. Debi Sengupta.

                                                      MEMBER :  Mr. Kopot Chattopadhyay.

  

 For the Complainant/Petitioner/Plaintiff: Mr. B.  K.  Pratihar.

 For the Defendant/O.P.S.                          : Mr. P. K.  Ghosh & Mr. S. K. Bhattachary.

             Smt. Rekha Trivedi, W/o-Late Rajeswar Kumar Trivedi of Vill & P.O.-Hariaytara, P.S.-

             Kharagpur (L), Dist-Paschim Medinipur………Complainant.

                                                              Vs.

1. The Senior Divisional Manager, National Insurance Co. Ltd., Division-III, Ground Floor, 8, India Exchange Place, Kolkata-700001
2. Divisional Manager, National Insurance Co. Ltd., Midnapore Divisional Office, Station  Road, P.O.-Midnapore, Dist-Paschim Medinipur
3. Golden Trust Financial Service, Kharagpur Branch, Malancha Road, near Atulmoni School,  P.O.-Kharagpur, Dist-Paschim Medinipur;…………………Ops.

The case of the complainant, in brief, is as follows:-

Rajeswar Kumar Trivedi, the late husband of the complainant Shri Rekha Trivedi  purchased one Janata Personal Accident Insurance Policy vide policy No.100300/47/01/96/00022/02/96/30245 for a sum assured Rs.5 lakhs from the Op No.1 through the Op No.3.  The Op No.2 is the local office of the Op No.1.  Unfortunately, the said insured Rajeswar Kumar Trivedi died on 2/12/2004 in a Road Traffic Accident which took place on 24/11/2004 at the National High Way near Kalaikunda Railway Bridge under Kharagpur (Local) P.S, District Paschim Medinipur.  After the accident Rajeswar Kumar Trivedi was taken first at Kharagpur S.D. Hospital wherefrom he was shifted to Calcutta Medical Research Institute, Kolkata where he expired on 02/12/2004.  Over the said incident an F.I.R. was lodged with Kharagpur (Local) P.S. and the case bearing K.P.G (L) P.S case No.356 dated 02/12/2004 under Section 279/304(A)/427 IPC was started against the driver of the offending Ambassador Car bearing No.W.B.J-8740. The complainant being the nominee of the deceased as per the policy

Contd………….P/2

 

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submitted claim along with necessary papers and documents for settlement of the claim but so far the Op Nos.1&2 had not effected any payment of the insurance amount. Hence this case.

     The Op Nos.1&2 contested the case by filing a joint W/O.  These Ops in their written objections has not denied that the insured died of the accident, that the sum assured was Rs.5 lakhs and the complainant was the nominee of the insured as per the policy.  The specific contention of the Op. Nos.1&2 was that the claim of the claimant is under process and the claim could not be finalized for want of papers and documents and as such it cannot be said that there was any deficiency in service on the part of these Ops.

    The Op. No.3 contested the case by filing a separate W/O contending, inter alia, that the deceased Rajeswar Kumar Trivedi obtained a Janata Personal Accident Insurance coverage from the Op. Nos.1&2 where the Op. No.3 was facilitator only.  The Op. No.3 has no liability to settle the claim of the claimant.  It is for the Op. Nos.1&2 to settle the claim.

     It is now for our consideration that whether there was any deficiency in service on the part of the Op. Nos.1&2 and whether the complainant is entitled to get the relief as sought for.

Decisions with reasons

     After hearing both sides and upon the consideration of the pleadings of the parties it appears to be an admitted position that Rajeswar Kumar Trivedi purchased an insurance policy from the Op. Nos.1&2, that the said Rajeswar Kumar Trivedi died in a road traffic accident on 02/12/2004 and that, the complainant of the present case Rekha Trivedi is the nominee of the insured in the said insurance policy.  It further appears to be an admitted position and from the record also it appears that over the accident in which Rajeswar Kumar Trivedi died, a police case bearing Kharagpur (L) P.S. case No.356/204 died on 2/12/2004 was started and after investigation chargesheet was  submitted by the policy in that case.

In this case during hearing it was fairly conceded by the Ld. Lawyer appearing for the Op Nos.1&2 that the Op No.3 has no liability to make the payment of the policy amount to the nominee of Rekha Trivedi, the complainant in this case.  In the present case no relief has been sought by the complainant against the Op No.3.  The Op No.3 appears to be a facilitator of the insurance policy. The liability for making payment of the insured amount is with the Op Nos.1&2.  The Op Nos.1&2 has not denied the liability to make payment of the insured amount.  What they contended is that, for want of papers the claim could not be settled.  It is undisputed that the complainant Rekha Trivedi submitted her claim to the Op Nos.1&2.  The admitted position being that Rajeswar Kumar Trivedi was a valid policy holder who died in a road triaffic accident and the complainant in the present case being the nominee of the deceased Rajeswar Trivedi  I find no reason for withholding the settlement of claim by the Op. Nos.1&2.  It clearly

Contd………….P/3

 

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appears that the Op. Nos.1&2 one liable to make payment to the complainant and their service is really deficient.

                 Accordingly,

                                        it is, ordered-

                                                                that the case be allowed on contest the Op Nos.1&2 are hereby directed to make payment of the full value of the assured sum of insurance i.e. Rs.5 lakhs to the complainant within one month from this date.  In default to make such payment within the stipulated time, the amount shall carry interest @10% p.a.  till payment of the dues. The Op Nos.1&2 are further directed to pay Rs.10,000/- towards compensation and Rs.5,000/- towards litigation cost to the complainant by the aforesaid date.

Dic. & Corrected by me

                                                         I agree               I agree                      

              

         President                                Member            Member                    President

                                                                                                              District Forum

                                                                                                           Paschim Medinipur.