BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION - AT HYDERABAD.FA.No.826/2005 against CD.No.9/2005 District Forum, West Godavari District at Eluru.
Between-
Gajjarapu Satyanarayanamma,
W/o.Kaliki Murthy, Hindu, Female,
Aged about 55 years, Occ- Housewife,
R/o.Krishnayapalem Post,
D.No.2/20, Tadepalligudem Mandal,
West Godavari District.
…Appellant/Complainant.
And
1.The Sr.Divisional Manager,
United India Insurance Co.Ltd.
P.T.No.12, K.N.Road, Tadepalligudem,
West Godavari District.
2.The Secretary,
The Navabpalem Large Sized Co-Operative Credit Society Limited,
No. H 897, Navabpalem, Tadepalligudem Mandal,
West Godavari District.
…Respondents/Opp.Parties.
Counsel for the Appellant - Mr.T.N.M.Ranga Rao.
Counsel for the Respondents - Mr.A.Ramalingeswara Rao (for R.1)
QUORUM-THE HON’BLE MR.JUSTICE D.APPA RAO, PRESIDENT,
SMT.M.SHREESHA, HON’BLE LADY MEMBER,
AND
SRI G. BHOOPATHI REDDY, HON’BLE MALE MEMBER.
FRIDAY, THE FIFTEENTH DAY OF FEBRUARY,
TWO THOUSAND EIGHT.
Oral Order (Per Hon’ble Mr.Justice D.Appa Rao, President)
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None appears for the appellant. Heard the learned counsel for the 1st respondent.
The unsuccessful complainant is the appellant. She filed this appeal against the order of the District Forum, West Godavari District at Eluru, dated 26.04.2005 in CD.No.9/2005 in dismissing the complaint on the ground that she could not establish the death of her son as accidental.
The case of the complainant is that her son, Gajjarapu Rambabu, had purchased two she buffaloes after borrowing a loan of Rs.24,600/- from opposite party No.2 on 27.12.2001. The cattle and her son were covered under Group Personal Accident Policy with opposite party No1 which covers risk of life and accidental death to a tune of Rs.1,00,000/-. While so, on 23.05.2002 when her son was gazing the cattle, the cattle were knocked down by a train, wherein her son and two she buffaloes died. Despite the fact that the same was informed to the opposite parties, they did not settle the claim. Therefore, she claimed an amount of Rs.1,00,000/- covered under the policy.
Opposite party No.1 filed counter admitting that the complainant’s son was covered under Group Janatha Personal Accident Policy issued to the District Co-operative Central Bank, Eluru. Though, according to the complainant, the accident took place on 23.05.2002, for the first time she gave a complaint to the opposite parties on 15.07.2002, without any FIR or Post Mortem report. On enquiries it was revealed that there was no train accident on 23.05.2002 nor her son died in such an accident. Therefore, it prayed for dismissal of the complaint.
The complainant and 1st opposite party filed affidavits in lieu of evidence and filed Exs.A.1 to A.10 and B.1 to B.11 respectively.
The District Forum after considering the evidence placed on record opined that at no time the complainant gave a report to the police informing that her son and two she buffaloes died in a train accident. There was no post mortem certificate nor any document evidencing the said accident. Accordingly, the complaint was dismissed.
Aggrieved by the said order, the complainant preferred this appeal contending that the District Forum did not consider the facts in correct perspective. The record discloses that there was an accident on the fateful day, wherein two she buffaloes belonging to her died. Therefore, she prayed that the appeal be allowed.
The point for consideration is whether the son of the complainant died in a train accident?
It is not in dispute that the complainant’s son one Gajjarapu Rambabu, who is no more, obtained loan for purchasing two she buffaloes and they were covered under Group Janata Personal Accident Policy, Ex.B.1. The complainant alleges that on 23.05.2002 while her son was gazing the cattle and by the time they were crossing the railway gate at Navabpalem a train rammed into the railway crossing as a result of which her son and the cattle died. Evidently, no complaint whatsoever, was made either to the police or to the railway authorities in regard to the death of her son in the above said accident. When the complainant submitted claim form along with Ex.B.4 certificate issued by Sarpanch mentioning the death of two she buffaloes, the claim was settled. There was no mention about the death of her son. Though the opposite parties repeatedly corresponded with the complainant and her husband to submit copies of FIR, post mortem certificate, legal heir certificate, etc. they did not choose to obtain and file before them. The District Forum after perusing the record opined that there is any amount of discrepancy in the documents filed by the complainant. The paper clipping did not reveal the name of the deceased. While the rest of documents the name of deceased was Gajjarapu Rambabu, in Ex.A.7 death certificate his name was Gajjarapu Kasi Rambabu. His father’s name was not even mentioned. The place of death was noted as Krishnayapalem whereas the death was at Navabpalem railway gate. In Ex.B.4 certificate issued by Sarpanch Grampanchayat, he certified only about the death of cattle of complainant’s son and Kaliki Murthy in the railway accident. His affidavit is not filed to explain these discrepancies. Importantly no FIR or post mortem certificate was filed evidencing the death. A belated complaint dt.15.07.2002, i.e. two months after the accident, was made to the railway authorities. Obviously by then, there is no chance of finding out whether he died. Generally, whenever such an accident took place, the same would be informed to the Station Master of the concerned Railway Station. There is obviously no evidence that her son died ion that date in railway accident.
We do not see any error either in appreciation of fact or law in this regard. Absolutely, there are no merits in the appeal.
In the result, the appeal is dismissed. However, no costs.
PRESIDENT LADY MEMBER MALE MEMBER
Dt-15.02.2008.
Vvr.
