DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 15th day of December, 2023
Present : Sri. Vinay Menon V., President
: Smt. Vidya A., Member
: Sri. Krishnankutty N.K., Member Date of Filing: 15/02/2023
CC/48/2023
- Subaida,
W/o.Musthafa,
Pala, Pala Colony,
Ayilur (PO), Palakkad – 678 510
- Musthafa,
S/o.Moideen, Pala, Pala Colony,
Ayilur (PO), Palakkad – 678 510
- Sufaina,
D/o.Abdul Khadir,
Parakkal, Adiperandathara,
Kayaradi (PO), Palakkad – 678 510
- Muhammed Rayan (Minor),
S/o.Ramees M.,
Parakkal House, Adiperandathara,
Kayaradi (PO), Palakkad – 678 510
Rep.by Mother, Sufaina - Complainants
(By Adv. Joy Kanhirathinchalil)
Vs
United India Insurance Company,
2nd Floor, Delma Centre,
Near Post Office Junction,
Nemmara (PO), Palakkad – 678 508 - Opposite party
(By Adv. M.Krishnadas)
O R D E R
By Sri. Vinay Menon V., President
- Complainants are the legal heirs under the law of inheritance as applicable to Sunni Muslims of one deceased Ramees. Ramees met with an accident and died on 23/1/2021. At the time of accident the vehicle the deceased was riding was insured with the opposite party.
- Subsequent to filing of the complaint complainants and OP enter into an agreement whereby they jointly agreed to settle the matter for Rs.15 lakhs towards full and final settlement of their claims. Joint statement to that effect was filed seeking assistance of this Commission in apportioning the shares due to each complainant.
- Therefore the shares as available to each of the complainants is stated as herein below :
- 1st Complainant being the mother of deceased Ramees shall be entitled to 1/6th of Rs.15 lakhs i.e. Rs.2,50,000/-
- 2nd Complainant being the father of deceased Ramees shall be entitled to 1/6th of Rs.15 lakhs i.e. Rs.2,50,000/-
- 3rd Complainant being the widow of deceased Ramees shall be entitled to 1/8th of Rs.15 lakhs i.e. Rs.1,87,500/-
- 4th Complainant being the son of deceased Ramees shall be entitled to the residuary amount of Rs.8,12,500/-
- The amounts payable to complainants 1 to 3 shall be paid by the OP directly to the parties.
- The amount payable to 4th complainant shall be maintained as a fixed deposit in a Nationalized Bank till the date he acquires majority. Till then the 3rd complainant shall be the nominee of the said account.
- In the event the 3rd complainant, if desirous of expending the money i.e. maintained in the name of the 4th complainant the said amount shall be availed by resort to and under the directions from a civil court of competent jurisdiction.
- The joint statement filed by the parties shall form part of this order.
Pronounced in open court on this the 15th day of December, 2023.
Sd/-
Vinay Menon V
President
Sd/-
Vidya.A
Member
Sd/- Krishnankutty N.K.
Member
NB : Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.