BEFORE THE DISTRICT CONSUMER FORUM : WARANGAL
Present: Sri D. Chiranjeevi Babu,
President.
Sri N.J. Mohan Rao,
Member
And
Smt. V.J. Praveena,
Member.
Tuesday, the 13th day of May, 2008.
CONSUMER COMPLAINT NO. 01/2007.
Between:
1. Smt. Jally Upendra, W/o late Venkanna,
Age: 40 yrs, Occ: Housewife,
R/o Mucherla Village of Gudur Mandal,
Warangal District.
2. Jally Nagamani (Minor), D/o late Venkanna,
Age: 14 years, Occ: Student,
Complainant NO.2 being minor, rep. By her
Natural Mother and next friend Complainant No.1
Both are R/o Macherla Village,
of Gudur Mandal,
Warangal District.
… Complainants
AND
United India Insurance Company Ltd.,
Rep. By its Branch Manager,
Branch Office: 15-2-19, Rangampet,
Opp: Ramakrishna Theatre,
Warangal District.
… Opposite Party
Counsel for the Complainant : Sri. K. Rajeshwar, Advocate
Counsel for the Opposite Party : Sri A. Madan Mohan Rao, Advocate.
This complaint coming for final hearing before this Forum, the Forum pronounced the following Order.
ORDER
Sri D. Chiranjeevi Babu, President
This is a complaint filed by the complainants against the Opposite party under section 12 of Consumer Protection Act, 1986 for a direction to pay the policy amount of Rs.1,00,000/-, to pay Rs.50,000/- towards damages and Rs.2,000/- towards costs.
The brief averments contained in the complaint filed by the complainants are as follows:
The complainant No.1 is the wife and complainant NO.2 is the daughter of Jally Venkanna (Herein after referred to as the deceased). The deceased during his lifetime taken an insurance policy bearing No.050601/47/99/00828 and the same was in force at the time of death of the deceased. On 15-09-2000 the deceased went to his agriculture land for watering his crops, he was bitten by a snake (Potlapinjara snake). He was admitted immediately in a Private Hospital at Gudur Town and shifted to MGM Hospital, Warangal while under going treatment the deceased died on 22-09-2000. The complainant No.1 given a complaint to the police Gudur, with Crime No.97 dated 22-9-2000 and Police Gudur have conducted Panchanama. The complainants have submitted claim form to the Opposite party along with all the required paper and documents, though the Opposite party received the claim form, not settled the matter. On repeated demands the Opposite party sent a letter dated 28-09-2004 repudiating the claim of the complainants without showing any bonafides and reasons. Vexed with the attitude of the Opposite party, the complainant No.1 got issued legal notice to the Opposite party dated 19-12-2005. The Opposite party issued letter dated 28-12-2005 repudiating the claim of the complainants. As such they filed this complaint before this Forum.
Opposite party filed the Written Version stating that this complaint is not at all maintainable under law and it is time bared. The complaint is also dismissed for non-joinder of necessary party i.e., Yamuna Credit and Commercial Limited. Since the complaint is filed time bared, the insurance company is not liable to pay the policy amount to the complainants.
The complainants in support of their claim, filed the Affidavit of Complainant No.1 in the form of chief examination and also marked Exs.A-1 to A-9. On behalf of the Opposite party one K. Vijaya Raju, filed his Affidavit in the form of chief examination but not marked documents.
Now the point for consideration whether the complainant is entitled for grant of amount of Rs.1,00,000/- along with interest @24% p.a. from the Opposite party and Rs.50,000/- towards damages, and Rs.2,000/- towards costs and to what relief?
After arguments of both side counsels, our reasons are like this:
The case of the complainants is that Complainant No.1 is the wife of the deceased and her husband died on 15-09-2000 in the early hours at about 3.30 a.m. while going to his agricultural lands for watering his crops, he was bitten by a snake (Potlapinjara snake). He was admitted in a Private Hospital at Gudur Town and he was shifted to MGM Hospital, Warangal while undergoing treatment at Hospital, he died on 22-9-2000 at about 6.00 a.m. Thereafter the complainant gave a complaint to Police in Crime No.97 dated 22-9-2000 and the Police Gudur have conducted Panchanama and a report was issued by Forensic Department of Post Mortem. Then the complainant has submitted the claim form to the Opposite party along with all the required documents. The Opposite party received the claim form, have not settled the matter without paying the claim amount of Rs.1,00,000/- on repeated demands. The Opposite party at last has sent a letter dated 28-09-04 repudiating the claim of the complainant without showing any bonafides reasons. The complainant No.1 got issued legal notice dated 19-12-2005 to the Opposite party which was acknowledged on 22-12-2005 and issued letter dated 28-12-2005 repudiating the claim. Later she filed this complaint before this Forum.
Opposite party filed the Written Version stating that this complaint is not at all maintainable under law and it is time bared. Since the complaint is filed time barred , the insurance company is not liable to pay the policy amount to the complainants.
After arguments of both side counsels, we are of the opinion that it is not true that it is time barred petition. In this case the complainant died on 22-09-2000, on the same day itself she has given a complaint. Thereafter the complainant submitted claim form to the Opposite party along with documents and they have repudiated to pay the same i.e., 28-09-2004. Later she filed this case before this Forum on 06-06-2006. The complainant died on 22-9-2000. The complainant issued letter and further the Opposite party sent a letter dated 28-09-2004 repudiating the claim. So cause of action arose on 28-09-2004 only. The counsel for the Opposite party argued that this is time barred petition and after two years only the complainant file this complaint, but it is not correct. As per Section 24(a) of Consumer Protection Act, 1986 the District Forum, the State Commission or National Commission shall not admit a complaint unless it is field within (2) years from the date of which the cause of action has arisen. So as per this the cause of action arose on 28-09-2004 and the complaint filed this case before this Forum on 06-06-2006. So this complaint is within time. Since the complaint is filed within time, it is not barred by limitation and further on the basis of Exs.A-1 to A-9 it is clear that the death of deceased is accidental. When the death of the deceased is accidental by way of bitten by snake (Potlapinjara snake) and Post Mortem Certificate i..e, Ex.A-3 it is clear cut that the deceased died only accidentally due to snake bite. Since the deceased died accidentally due to snake bite, the complainants are entitled to get their claim amount of Rs.1,00,000/- and accordingly we answered this point in favour of complainants against Opposite party.
Point No.2 :To what relief:- The first point is decided in favour of the complainants against the Opposite party this point is also decided in favour of complainants against Opposite party.
In the result the complaint is allowed and we direct the Opposite party to pay an amount of Rs.1,00,000/- (Rs.One lakh only) to the complainants along with interest @7.5% p.a. from the date of filing of the complaint i.e., 6-6-2006 till the date of realization of the amount of Rs.1,00,000/-. And we also direct the Opposite party to pay an amount of Rs.500/- (Rs.Five hundred only) towards costs and we are not granting any amount towards damages.
So far as the apportionment of the policy amount is concerned, the complainant NO.1 is entitled to get an amount of Rs.60,000/- and remaining amount of Rs.40,000/- to complainant No.2 being minor, the amount which fell to her respective share is ordered to be deposit in any Nationalized bank till she attains majority.
A month’s time is granted to the Opposite party for the compliance of the order.
(Dictated to the Stenographer transcribed by her, corrected and pronounced by us in the open Forum today, the 13th May, 2008).
Sd/- Sd/- Sd/-
Member Member President,
District Consumer Forum, Warangal.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
On behalf of Complainant On behalf of Opposite Party
Affidavit of complainant No.1 filed Affidavit on behalf of O.P. filed.
EXHIBITS MARKED
On behalf of complainant
- Ex.A-1 Attested copy of FIR issued by P.S.Gudur, Waranga District.
- Ex.A-2 Attested copy of Panchanama report issued by P.S.Gudur.
- Ex.A-3 Attested copy of Post Mortem Report issued by Forensic Department, KMC Warangal.
- Ex.A-4 Xerox copy of Legal Heir certificate issued by MRO, Gudru, Warangal District.
- Ex.A-5 Chemical Analysis report issued by Forensic Science Laboratories, Hyderabad.
- Ex.A-6 Letter issued by Opposite party to the complainant no.1.
- Ex.A-7 Office copy of legal notice issued to the opposite party.
- Ex.A-8 Postal Acknowledgment due of the above legal notice.
- Ex.A-9 Letter by Opposite party.
On behalf of Opposite party.
NIL
Sd/-
President.