BEFORE THE DISTRICT CONSUMER FORUM AT NALGONDA
PRESENT: SRI MAMIDI CHRISTOPHER,
PRESIDENT.
SMT.S.SANDHYA RANI,
FEMALE MEMBER.
. . .
MONDAY, THE TWENTIETH DAY OF JANUARY, 2020
CONSUMER COMPLAINT No. 23 OF 2018
Between:
M.Rupa W/o Late Sagar, Aged: 23 years, Occ: Housewife,
R/o Mattampally Village and Mandal, Nalgonda District.
…COMPLAINANT.
]
AND
The Branch Manager, National Insurance Co.Ltd., 1st Floor,
27-12-39, Kaleshwar Rao Road, Governorpet, Vijayawada,
Pin: 520002.
…OPPOSITE PARTY.
This complaint coming on before us for final hearing, in the presence of Sri K.Srinivas, Advocate for the Complainant, and Sri T.Rajashekhar, Advocate for the Opposite Party, and on perusing the material papers on record, and having stood over for consideration till this day, the Forum passed the following:
ORDER OF THE FORUM DELIVERED
BY SMT.S.SANDHYA RANI, FEMALE MEMBER
1. The Complainant filed this complaint Under Section 12 of Consumer Protection Act, 1986 to direct the Opposite Party to pay an amount of Rs.50,000/- towards PA Policy amount, Rs.25,000/- towards mental agony and Rs.25,000/- towards expenses of the complaint, in total Rs.1,00,000/- along with interest @ 12% p.a. from the date of death of the deceased, i.e. 03/01/2018 till realization.
2. The facts leading to the filing of this complaint are as follows:
The Complainant is the wife of the deceased Sagar, who was the driver of Lorry bearing No.AP-31TT-1641 belonging to M.Srinivas Reddy, R/o Mattampally. The said M.Srinivas Reddy insured his lorry
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in the office of the Opposite Party, vide Policy No.560601311610005974, valid from 16/02/2017 to 15/02/2018 and paid a premium of Rs.60/- for Personal Accident of driver/cleaner/ conductor, and the Opposite Party assured a sum of Rs.50,000/- per head. On 03/01/2018 at about 1600 hours, the husband of the Complainant M.Sagar, driver of Lorry bearing No.AP-31TT-1641 while repairing the said lorry at Mattampally Village, he was accidentally received electric shock and while shifting to hospital, he died due to electric shock. The Police, Mattampally has registered a case in Cr.No.2/2018, U/S 174 of Cr.P.C. and took up the investigation. After the death of the deceased Sagar, the Complainant submitted the claim petition and necessary documents to the Opposite Party on 17/03/2018 through courier and the Opposite Party received the said claim petition on 20/03/2018. After receiving the said claim intimation, the Opposite Party did not pay the policy amount of Rs.50,000/- and dodged the matter on one pretext or the other. The Complainant issued a legal notice through her advocate on 12/07/2018 to the Opposite Party through courier and demanded to pay the PA Policy amount of Rs.50,000/- within 15 days. The legal notice was received on 16/07/2018 by the Opposite Party, but the Opposite Party did not give any reply. Therefore, the present complaint is filed by the Complainant for the reliefs claimed.
3. The Opposite Party filed written version denying all the averments of the complaint. The Opposite Party submitted that the Complainant had not filed any document to show that she is the wife of the deceased and that the Opposite Party is not aware that the deceased died on 03/01/2018 due to electric shock while repairing the
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Lorry bearing No.AP-31TT-1641. The Opposite Party admitted that the Lorry bearing No.AP-31TT-1641 was insured by Vijayawada Branch under Policy No.560601311610005974, valid from 16/02/2017 to 15/02/2018 in favour of Sri Mannem Srinivas Reddy R/o Nalgonda District, but there is no insurance policy in the name of the deceased Mannem Srinivas Reddy, as such the complaint is not maintainable and liable to be dismissed. Further, Mannem Srinivas Reddy is not a necessary part to this case and as such the complaint is not maintainable for non-joinder of necessary party. The owner of the vehicle has to file a case before District Consumer Forum, Nalgonda for compensation under the said policy for his driver, but he had not filed the case if the claim is not settled, the Complainant is no way concerned to this case, as such the Complainant has no cause of action for filing this complaint. The Opposite Party requested the Complainant through letter dated 20/05/2018 by courier service to supply the documents for processing the claim, i.e. Family Member Certificate, issued by Tahasildar, Photocopy of Ration Card of the deceased, Bank account details, Employee Certificate, copy of Driving Licence of the deceased Murukupudi Sagar. The Opposite Party also requested the advocate for Complainant by e-mail on 10/09/2018 to submit the documents for processing the claim of the deceased Sagar. The claim of the deceased is pending in the office of the Opposite Party and no repudiation letter is issued. The driver of the Lorry should possess driving licence as on the date of loss or accident, otherwise the claim is not payable according to policy conditions as the said Policy was issued subject to terms, conditions, liabilities, Motor Vehicles Act, Workmen’s Compensation Act etc. As such, the Opposite Party has no liability without driving licence of the deceased and the
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owner of the vehicle alone is liable to pay the compensation, as such there is no negligence on the part of the Opposite Party. The Complainant has not submitted the required documents to process the claim and also her advocate before the insurance company, as such the claim is pending in the office and no repudiation letter is issued to them. Therefore, the Complainant is not entitled any compensation under the policy from the Opposite Party. There is no deficiency in service on the part of the Opposite Party and as such the complaint is liable to be dismissed.
4. The Complainant filed her proof affidavit and marked Exs.A-1 to A-15. The Opposite Party filed his proof affidavit and marked Exs.B-1 to B-5. Written arguments also filed by the Opposite Party.
5. The points for consideration are:
1) Whether there was deficiency in service on the part of the
Opposite Party?
2) Whether the Complainant is entitled for the reliefs
sought for?
3) If so, to what extent?
6. POINT No.1:
The Complainant is the wife of the deceased by name Sagar, who was the driver of Lorry bearing No.AP-31TT-1641 belonging to M.Srinivas Reddy, R/o Mattampally. Srinivas Reddy insured his lorry in the office of the Opposite Party, vide Policy No.560601311610005974, valid from 16/02/2017 to 15/02/2018 and paid a premium of Rs.60/- for Personal Accident of driver/cleaner/ conductor, and the Opposite Party assured a sum of Rs.50,000/- per head. Ex.A-10 is the Policy of the Motor Goods Carrying Vehicle, vide Policy No.560601311610005974, valid from 16/02/2017 to
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15/02/2018. On 03/01/2018 at about 1600 hours, the husband of the Complainant M.Sagar, driver of Lorry bearing No.AP-31TT-1641 while repairing the said lorry at Mattampally Village, he was accidentally received electric shock and while shifting to hospital, he died due to electric shock. The Police, Mattampally has registered a case in Cr.No.2/2018, U/S 174 of Cr.P.C. and took up the investigation. Ex.A-1 is the F.I.R. Ex.-A-4 is the Post Mortem Examination Report, where cause of death of the deceased is given as ‘death due to electric shock with head injury’. Ex.A-5 is the Death Certificate of the deceased Murikipudi Sagar. After the death of the deceased Sagar, the Complainant submitted her claim petition Ex.A-1 to the Opposite Party, dated 17/03/2018 and necessary documents through courier and demanded to pay the policy amount of Rs.50,000/-, but the Opposite Party did not pay the amount in spite of issuing legal notice Ex.A-13, dated 12/07/2018 to the Opposite Party through her advocate, but the Opposite Party did not give any reply. The Complainant filed this complaint claiming compensation of PA Policy amount of Rs.50,000/- covered under the above said policy, but the Opposite Party failed to pay the same as the Complainant failed to furnish required documents for processing the claim. The Opposite Party contended that they are ready to provide the claim amount to the Complainants on the submission of the required documents as given in their written version, but the Complainant failed to submit the said documents. Ex.B-1 is the Policy issued to the owner of the vehicle M.Srinivas Reddy, vide Policy No.560601311610005974, valid from 16/02/2017 to 15/02/2018. The second page of the policy notifies Personal Accident Cover Details, i.e. driver/cleaner/conductor, two persons and CSI per head Rs.50,000/-. As per the said policy, the
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deceased is entitled for the amount of Rs.50,000/- covered under the policy. Ex.B-2 is the letter issued by Opposite Party to the Complainant to submit required documents for processing the claim. Ex.B-4 is the reminder for earlier letter issued by the Opposite Party. Ex.B-5 is the notice in EC.No.48/2018(F) issued by Assistant Commissioner of Labour-IV, Hyderabad. The Opposite Party also filed citations reported in 2007(3) ALT 15 (NC) (CPA) and II (2017) CPJ 22 (NC), which are not applicable to the present complaint.
7. The Complainant has already submitted all the required documents to claim the PA Policy amount of her husband, who was working as driver on the Lorry bearing No.AP-31TT-1641 belonging to M.Srinivas Reddy and while repairing the said vehicle he accidentally received electric shock and died, and the said Srinivas Reddy insured his lorry with the Opposite Party. As such, the Complainant is entitled for Rs.50,000/- covered under the PA policy. As the Opposite Party failed to pay the PA Policy amount to the Complainant by mentioning non-submission of driving licence reasons, as such there is deficiency in service on the part of the Opposite Party in withholding the PA Policy amount of the deceased. Accordingly, Point No.1 is answered in favour of the Complainant and against the Opposite Party. The Complainant did not file the driving licence of her deceased husband as she did not trace it, due to his death.
8. POINTS No.2 & 3:
In the light of the findings under Point No.1, the Opposite Party is liable to pay compensation of Rs.50,000/- towards PA Policy amount with interest @ 9% p.a. from the date of the complaint till realization, Rs.10,000/- towards mental agony and Rs.2,000/- towards costs.
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In the result, the complaint is allowed, directing the Opposite Party to pay to the Complainant, an amount of Rs.50,000/- (Rupees Fifty Thousand only) towards PA Policy amount with interest @ 9% p.a. from the date of the complaint, i.e. 14/08/2018 till realization, Rs.10,000/- (Rupees Ten Thousand only) towards mental agony and Rs.2,000/- (Rupees Two Thousand only) towards costs, within one month from the date of receipt of this order.
Dictated to Steno-Typist, transcribed by him, corrected and pronounced by us in the open Forum on this 20th day of January, 2020.
FEMALE MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Complainant: For Opposite Party:
Affidavit of the Complainant. Affidavit of Opp.Party.
EXHIBITS MARKED
For Complainant:
Ex.A-1: Dt.17/03/2018 Copy of Claim Intimation Letter, issued by
the Complainant to the Opposite Party.
Ex.A-2 Dt.04/01/2018 Xerox copy of F.I.R. in Cr.No.2/2018 of
PS.Mattampalli.
Ex.A-3 Dt.04/01/2018 Xerox copy of Inquest Report.
Ex.A-4 Dt. 04/01/2018 Xerox copy of P.M.E. Report.
Ex.A-5 Dt.05/01/2018 Xerox copy of Death Certificate.
Ex.A-6 Dt.13/08/2013 Xerox copy of Aadhar Card of the deceased.
Ex.A-7 Dt.07/05/2012 Xerox copy of Aadhar Card of Complainant.
Ex.A-8 Dt.28/05/2016 Xerox copy of Certificate of Registration.
Ex.A-9 Dt.15/03/2017 Xerox copy of Certificate of Fitness.
Ex.A-10 Dt.16/02/2017 Xerox copy of Insurance Policy.
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Ex.A-11 Dt.17/03/2018 Courier Receipt.
Ex.A-12 Dt.20/03/2018 Consignment Details.
Ex.A-13 Dt.12/07/2018 O/c of legal notice, issued by the counsel for
the Complainant to the Opposite Party.
Ex.A-14 Dt.12/07/2018 Courier Receipt.
Ex.A-15 Dt.16/07/2018 Consignment Details.
For Opposite Party:
Ex.B-1: Dt.16/02/2017 Attested copy of Insurance Policy along with
terms and conditions.
Ex.B-2 Dt.20/03/2018 Attested copy of letter issued by the
Opposite Party to the Complainant.
Ex.B-3 Attested copy of returned Postal Cover.
Ex.B-4 Dt.10/09/2018 Reminder, E-mail Correspondence in
between Advocate for Opposite Party
and the Complainant.
Ex.B-5 Dt.19/03/2018 Notice issued by Assistant Commissioner of
Labour-IV, Hyderabad in EC.No.48/2018(F).
PRESIDENT
DISTRICT CONSUMER FORUM
NALGONDA
