Present      (1)  Sri Nisha Nath Ojha

                              District & Sessions Judge (Retd.)

                       President

                       (2) Sri Sheo Shankar Prasad Singh,

                             Member

         Date of Order-    25.02.2015

                                                   ORDER

 Nisha Nath Ojha

1. That the complainant has knocked the doors of the Forum for  the following reliefs:-

1. To pay amount of Rs.2,00,000/-(Two lacs only) as the insured amount.
2. To pay the proper admissible interest on the insured amount.
3. To pay Rs. 25,000/-(Fifteen thousand only) for litigation cost and other allied expenses.

2. The complainant has made following averment and              submissions in his complaint petition:-

1. The complainant No.1 and 2 is parents of Krishna Chandra who was C.P.W.D Contractor by profession and he (Deceased) has Punjab National Bank’s Debit Card bearing Debit Card No. 5048844458000007861, Policy No. 311100/42/07/03/90000012 and accordingly the  complainant’s son was insured for Rs. 2,00,000/-(Two lacs only).  
2. The complainant is father and Succession Certificate Holder in the matter of the estate of her son, Late Krishna Chandara who was murdered on 06.12.2005.
3. It is further stated that Succession Certificate issued in favour of the complainant and his wife Smt. Radhika Devi by the Additional District & Sessions Judge, 8^th , Patna in this regard.(Annexure-1 to this complaint petition).
4. The Punjab National Bank in its Debit Card Booklet declare /advertises that:-

1. Along with latest account facilities free personal accidental insurance cover of Rs. 2,00,000/-(Rupees two lac) will be available to all the Punjab National Debit Card holders and further declares that by the virtue of having a Punjab National Bank Debit Card, one can automatically covered with personal accidental insurance of Rs. 2,00,000/-(Two lac only) from the date customer is issued Punjab National Bank Debit Card.

5.  Under heading, “Procedure for claims, The Punjab National Bank, further declares that following documents shall be required for processing the claim;

1. Claim Form.
2.  Death certificates,
3. Post-mortem report
4. Police first information report
5. Certificate from the bank about nomination.

6. The complainant’s son namely Late Krishna Chandra is a C.P.W.D Contractor by profession and he was murdered on 06.12.05 and First Information Report was instituted on the same day bearing Gardanibagh Police Station Case No. 936 of 2005, u/s 302/34 of the Indian Penal Code and 27 Arms Act and that the said deceased was Punjab National Bank Debit Card Holder as mentioned in paragraph no.4 to this petition.
7. The aforesaid Punjab National Bank was duly informed about the event within one calendar month and was requested to settle the claim under question and the Punjab National Bank Branch Manager of Raza Bazar Branch, Patna refused to give receiving of the information petition and demanded succession certificate as there was no nominee mentioned in the deceased’s account.
8. In the mean time on 16.10.06 the Branch Manager of Punjab National Bank, Raja Bazar Branch wrote to the Regional Manager, New India Assurance company , Patna about Death Claim Form so that claim can be duly filled up in the said Form and can be deposited but the said company did not send the said claim Form.(Vide Annexure-3 to this petition )
9. On 06.01.07, deceased’s mother and Succession Certificate Holder namely Smt. Radhika Devi wrote a letter to Punjab National Bank, Raza Bazar, Branch for information about the said of Rs. 2,00,000/-(Two lac only) but the said bank had done nothing in this regard. (Vide Annexure-4 to this petition).
10. On 01.03.06, Raza Bazar Branch Punjab National Bank wrote to the Senior Regional Manager, I.Z.O, Patna in which bank accepted that Claim Form along with necessary papers was already deposited and in the process of site inspection. It was found that event of murder of deceased is true. (Vide Annexure-5 to this petition)
11. The bank has transferred the reside amount Rs. 1,15,000/-(One lac Fifteen thousand only) from the deceased’s account to succession holder, mother namely Smt. Radhika Devi’s account but refused to settle the said claim of Rs. 2,00,000/-(Two lacs only) and seized the deceased’s debit card and pass –book.
12. It is a serious matter of breach of contract with the consumer where the said Punjab National Bank was refused to settle the claim of Rs. 2,00,000/-( Two lacs only) because at the time of opening of the said Debit Account it was clearldy mentioned in the Book-let that account Holder automatically covered with personal accidental insurance of Rs. 2,00,000/-(Two lacs only).
13. It is stated that deceased Late Krishna chandra’s father and mother are old and have faced a lot of problem in this regard due to non-payment of Rs. 2,00,000/-(Two lacs only) under claim, they are facing hardship and being harassed mentally and physically. (Vide Annexure- 7A, B, and C to this petition )

3. The Opposite Party No. 1 & 2 in their Written Statement has submitted the following facts:

1.  The complainant filed instant complaint case with ulterior motive with and intention to put these Opposite parties in unnecessary harassment though no case under the Consumer Protection Act is made out against them. 
2. There is no merit in the complaint case either on facts or in law and is fit to dismiss with cost.
3. The complainant is father of deceased Debit Card Holder of Punjab National Bank. Succession Certificate granted by the Additional District Judge, VIII, Patna in favour of the complainant and his wife Smt. Radhika Devi ( Parents of deceased) vide- Annexure-1 of the complaint case but Smt. Radhika Devi has not been made party complainant and as such the present case is fit to be dismissed due to non joinder of necessary party
4. There was a scheme in the bank by which a facility of free Personal Accident Insurance Policy was provided by the New India Assurance Company Ltd.( Opposite party No.3) to the Punjab National Bank Credit Card Holders. The Assurance Company aforesaid had issued Insurance policies to sum of Rs. 2,00,000/-(Two lacs only) to the debit card holder of the bank (Opposite party no.3) from the date of the customer is issued Punjab National Bank, Debit Card.
5. One Krishan Chandra son of the complainant was an account holder of the Punjab National Bank as well as Debit Card Holder bearing Debit Card No. 504884445800007861. As per scheme of the New India Assurance Company issued per sonal accident issuance policy No. 311100/42/07/03/90000012.
6. As per the Insurance Policy, the Assurance Company i.e. the Opposite party no.3 of the complaint has to pay a sum of Rs. 2,00,000/-( Two lacs only) to the successor  or the Insured under the Personal Accident Insurance.
7. It is pertinent to mention here that Succession Certificate was granted on 13.09.2006, and letter for Insurance Claim Form was written on 16.10.2006 which goes to show that the Opposite party bank has informed the Opposite party no.3 well within time. Moreover it is not mentioned in the terms and conditions of the Insurance Policy about the time frame for filing /submitting duly filed in Claim Form.
8. Since the Insured (Deceased son of the complaint) died therefore the Insurance Company is liable to pay the sum insured to the claimants of the deceased insured. The claim of the complainant is fit to be paid by the Opposite party No.3 and not by the answering Opposite parties.   

4.  The Opposite Party No. 3 i.e. New India Assurance Co. Ltd. in his Written Statement has submitted the following facts:-

1. There was a contract between Punjab National Bank, 7 Bhikaji Cama Palace, New Delhi and the New India Assurance Co. Ltd., Bhandari House, Nehru Palace, New Delhi to cover Debit Card Holder of Punjab National Bank for death and total disablement under Personal Accidental Insurance as per the terms and condition specified in the MOU.
2. It is stated that the said purpose Standard Personal Accidental Insurance Policy clause and a MOU was prepared and was signed by the Authorized Signatory of both the parties. ( Vide Annexure-03A )
3. It is clearly mentioned in Paragraph No.1 of conditions that “upon the happening of any event which may give rise to the claim under this policy, written notice with all particular must be given to the company immediately. In case of death, written notice also for the death must, unless reasonable cause is shown, be so given before interment creation and in any case, within one calendar month after the death”
4. From reading of Paragraph No. 1 of the condition it is very much clear that in an written notice has to be given within one calendar month after the death and it is well settled principle of law that the Insurance Policy is a contract and it has to be strictly guided by the terms and condition of the contract. So the death claim of Sri Krishna Chandra was intimated to the answering the Opposite party after 18 months.
5. The Manager of the Punjab National Bank sent the following documents/ papers for settlement of claim case of Sri Krishna Chandra with his forwarding dated 07.03.2007. which was received in the office of the answering party on 09.03.2007.
6.  

1. Claim Form
2. P.N.B . 46-47
3. Death Certificate
4. Succession Certificate
5. Debit Card

6. It is further stated that by letter dated 07.09.2009 the Punjab National Bank informed the answering Opposite party that the delay in submission of claim is not their part because they have submitted the claim as so0n as they received the said Form from the claimant. (Vide- Annexure -3C)
7. In reply to the letter dated 07.09.2007 of the Punjab National Bank the answering Opposite party informed Punjab National Bank by its letter dated 27.09.2007 that in this regard We would like to inform you that “We had already closed the above file as per Group Accident Policy Conditions”. Upon the happening of any accident, written notice with all particulars must be given to the Insurance Company immediately. In case of death, written notice also for death is must in any case within one calendar month after the death.
8. It is clear from the facts stated above that Sri Krishna Chandra was murdered on 06.12.05, written information was given by the Opposite party no.2 vide his letter dated 07.03.07 to the answering Opposite which was received in its office on 09.03.007. This is crystal clear that information was given to the answering Opposite party beyond one calendar month.
9. It is humbly submitted that condition no.1 of the contract that extinguished the right of insured as well as the Punjab National Bank as the claim was filed beyond one calendar month from the date of death thereafter it was filed after 18 months from the date of murder. This submission finds support of the Apex court Judgment report in (1997) SCC Page 36.   

We have heard the Learned Counsel for the parties and examined the record in the light of their submissions.

It is the case of the complainant their son namely Krishan Chandra was Debit Card Holder of Punjab National Bank in which there was facility of free Personal Accidental Insurance Cover of Rs.2,00,000/-(Two lacs only). It is also asserted that their son was murdered on 06.12.05 for which Gardanibagh Police Case No. 936/2005 u/s 302/34 and 27 arms act was instituted. Punjab National Bank is represented by Opposite party No.1 &2. Senior Divisional Manager, the New Assurance Company is the Opposite party No.3 in this case. The written Statement of the Opposite party No.3 is also in the record.

The aforesaid assertion of the complainants have not been denied or controverted either by the Opposite party No.1 and 2 or the Opposite party No.3 in their written statement. The very fact that complainants informed the Opposite party No.1 and 2 about the death of their son and requested to settle the claim within one calendar month has also been mentioned by the bank in their written statement. It further appears that as soon as the Bank received Succession Sertificate (vide Annexure-1), the bank vide Annexure-3 wrote to the Opposite party No.3 for issuing death Claim Form.

From perusal of Annexure-5 as well as paras 11, 12 and 13 of written statement of the Opposite party No. 1 and 2 (Bank), it is crystal clear that the bank, after enquiry found the claim of the complainants true and genuine and recommended to the Opposite party no.3 for insurance amount.

From perusal of Para -7 of the Written Statement filed by the Opposite party No.3 as well as Annexure- 3D of the Opposite party No.3 it appears that the claim of the complainants have been denied only on the ground that “the death claim of Sri Krishna Chandra was intimated to the answering Opposite party after 18 months”.

As stated above, the aforesaid fact has been replied by bank in Para 11, 12 and 13 of the Written Statement of the Opposite party No.1 and 2.

It is needless to say that there was contact between the Opposite party No.1 & 2 ( Bank) with the Opposite party No.3(Insurance company) and the complainants have nothing do with that. The complainants have asserted that information of the occurrence was given to the Bank within one calendar month and the Bank (Opposite party No.1 and 2) have asserted that as soon as bank received succession certificate (Vide Annexure-1) they immediately taken the steps which is evident from para 9 of the written statement of the Opposite party No.1 & 2 and other facts stated in foregoing paragraphs.

No purpose will be served in discussing the same facts again and again.

We have heard both the parties.

 In view of the aforesaid facts and discussion and submissions made we are of the view that there has been deficiency in service on the part of the Opposite party No.3 ( New India Assurance Co. Ltd.) in not paying insurance amount of Rs. 2,00,000/-(Two lacs only) to the complainant.

We therefore direct the Opposite party No. 3 (New India Assurance Co. Ltd.) to pay to the complainant the insurance amount of Rs. 2,00,000/-(Two lacs only) within a period of two months from the date of receipt of this order failing which the Opposite party no.3 will have to pay interest @ 9% per annum on the aforesaid amount from the date of order till final payment. 

The Opposite party No.3 is further directed to pay Rs. 10,000/-(Ten thousand only) as litigation cost to the complainant within the same period.

Thus this complaint petition stands allowed to the extend referred above.  

                  Member                                                              President