BEFORE THE MANDYA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANDYA PRESENT: 1. SIDDEGOWDA, B.Sc., LLB., President, 2. M.N.MANOHARA, B.A., LLB., Member, 3. A.P.MAHADEVAMMA, B.Sc., LLB., Member, ORDER Complaint No.MDF/C.C.No.124/2009 Order dated this the 29th day of December 2009 COMPLAINANT/S Channamma @ Dundamma W/o Late Varadaiah @ Poornaiah, R/o Chikkahosagavi, Koppa Hobli, Maddur Taluk, Mandya District. (By Sri.Krishnamurthy., Advocate) -Vs- OPPOSITE PARTY/S The Branch Manager, United India Insurance Co., Ltd., No.1119/B, M.C.Road, Mandya. (By Sri.S.Ravi Shankar Bharadwaj., Advocate) Date of complaint 24.10.2009 Date of service of notice to Opposite party 19.11.2009 Date of order 29.12.2009 Total Period 1 Month 10 Days Result The complaint is allowed, directing the Opposite party to pay the insurance amount of Rs.50,000/- with cost of Rs.1,000/- to the Complainant within two months. Sri.Siddegowda, President 1. This complaint is filed under section 12 of the Consumer Protection Act, 1986 claiming the insurance amount against the Opposite party. 2. The case of the Complainant is that her husband Varadaiah @ Poornaiah was the member of V.S.S.N. Hosagavi Village, having K.C.C. Card no.60 and got insured with the Opposite party under personal accident insurance valid from 13.12.2007 to 12.12.2007. Unfortunately, the deceased Varadaiah met with an accident on 13.06.2009, hit by one Canter bearing No.KA.01/9433 and later died. The police have registered the case against the driver. Later, the Complainant requested for the settlement of insurance furnishing the documents, but Opposite party has not settled the claim. Therefore, the Opposite party has committed deficiency in service. Therefore, the Opposite party is liable to pay insurance claim of Rs.50,000/- with damages of Rs.10,000/- for mental agony. 3. The Opposite party has filed version admitting that the V.S.S.N. of Hosagavi Village, has obtained totally 145 policies of K.C.C. holders and out of 145 one policy has been issued in the name of Varadaiah. No policy has been issued in the name of Varadaiah @ Poornaiah. But the documents furnished by the Complainant shows that her husband name as Varadaiah @ Poornaiah, hence the Opposite party is not liable to pay any compensation. The Complainant has to furnish the documents to show Varadaiah and Varadaiah @ Poornaiah is one and the same person, but Complainant has not furnished any documents. The Opposite party has not committed any deficiency in service and the complaint is liable to be dismissed with cost. 4. During trial, the Complainant has filed affidavit with documents Ex.C.1 to C.8. The Opposite party has filed affidavit. 5. We have heard both the sides. 6. Now the points that arise for our considerations are:- 1. Whether the Opposite party has committed deficiency in service? 2. Whether the Complainant is entitled to the insurance amount? 7. Our findings and reasons are as here under:- 8. POINT NO.1:- It is an admitted fact that the V.S.S.N. Ltd., Hosagavi Village, has obtained 145 insurance policies for Rs.50,000/- each from the Opposite party Insurance Company and as per Ex.C.8(a) at Sl.No.80 one Varadaiah S/o Dadivaradana Hayamaiah of Chikkahosagavi Village, is one of the insured and nominee is Channamma his wife. As per the FIR Ex.C.1 and PM report Ex.C.2, the name of the dead person in the accident is shown as Varadaiah @ Poornaiah of Chikkahosagavi Village. So, the name of the insured shown as Varadaiah and the name of the dead person is shown as Varadaiah @ Poornaiah. The Complainant has produced Ex.C.3 genealogic tree issued by the Village Accountant, Hosagavi Village showing that the name of the deceased is Varadaiah @ Poornaiah and his wife is Channamma @ Dundamma. The Manager of the V.S.S.N. obtained the insurance for the members, has issued the report of claim in form C issued by the Opposite party that the insured name is Varadaiah S/o Dadhi Varadaiah of Chikkahosagavi Village and died in the road accident and he was the Kissan Card Holder from the Society and in form no.B (Ex.C.5) submitted by the Complainant showing her husband name as Varadaiah S/o Dadhivardana Hayamaiah, died in the accident and his wife name is Channamma @ Dundamma and to this address the Manager of the V.S.S.N. has certified. In the voter identity card also the name of the Complainant is shown as Dundamma and her husband name is Varadaiah @ Poornaiah that was issued in the year 1994. Therefore, these documents and affidavit of the Complainant clearly established that the insured Varadaiah is none other than husband of the Complainant and she is the nominee, though to the name of the insured Varadaiah and name of the Complainant nominee extra name is added, but they are one and the same. It is an admitted fact that as a nominee or legal heir of the insured Varadaiah, nobody has claimed and even the Manager of he V.S.S.N. Bank has filed affidavit that the Complainant is the wife of the deceased insured. Under these circumstances, the Opposite party is not justified in not settling the insurance claim in favour of the Complainant. Therefore, the Opposite party has committed deficiency in service and the Complainant is entitled to the insurance amount. 9. In the result, we proceed to pass the following order; ORDER The complaint is allowed, directing the Opposite party to pay the insurance amount of Rs.50,000/- with cost of Rs.1,000/- to the Complainant within two months. (Dictated to the Stenographer, transcribed, corrected and then pronounced in the open Forum this the 29th day of December 2009). (PRESIDENT) (MEMBER) (MEMBER)
