ESTARAKULA RAMAVVA Vs. ORIENTAL INSURANCE COMPANY LTD.
LAWS(APCDRC)-2004-8-5
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on August 26,2004

ESTARAKULA RAMAVVA Appellant
VERSUS
ORIENTAL INSURANCE COMPANY LTD. Respondents

JUDGEMENT

M.SHREESHA,PRESIDENT - (1.) AGGRIEVED by the order in C.D. No. 328/2002 on the file of District Forum, Nizamabad complainant preferred this appeal under Section 15 of the Consumer Protection Act.
(2.) THE brief facts as set out in the case are that the complainants husband died due to snake bite at 10.00 a.m. on 29.4.2000 while shifting him to the hospital. The complainants husband was a member of opposite party No.2 Society who had taken Group Janatha Personal Accident Policy of opposite party No. 1. Immediately after the death of complainants husband she informed opposite party No.1 about the accidental death of her husband due to snake bite through opposite party No.2 and sought for payment of insurance amount of Rs.l,00,000. But opposite party No.1 repudiated the claim vide letter dated 10.5.2000 addressed to opposite party No.2 stating that the list of borrower was not submitted and that the information furnished by opposite party No. 2 as to the death of the life assured was belated. Hence this complaint to direct opposite party No. 1 to pay insurance amount of Rs. 1,00,000 with interest @ 24% p.a., from the date of claim till the date of realization and also to direct the opposite parties to pay Rs. 25,000 towards mental agony and Rs. 25,000 towards deficiency of service on their behalf.
(3.) OPPOSITE party No.1 filed counter admitting that the Branch Office of opposite party No.1 at Vijayawada issued a Group Janatha Personal Accident Policy to opposite party No.3 through opposite party No.2 for the Member loanees of opposite party No. 2 Society. Opposite No.1 is liable to pay the claims in accordance with the terms and conditions of the policy. The period of insurance commences from 15.4.2000 to 14.4.2001. All those insured persons (borrowers) for whom the premium is paid later than 15.4.2000 shall be covered from the date of receipt of premium by an endorsement to the common expiry date of the group policy i.e., 14.4.2001 only. In the instant case the premium has been paid by opposite party No.3 on 8.5.2000 vide challan No.10489 covering 24 PACS to opposite party No.1 and this opposite party issued a memorandum dated 8.5.2000 forming part of policy as per which the effective period of insurance in the present case is 8.5.2000 to 14.4.2001. As the deceased Mr. Hanumanthu died on 24.9.2000 prior to commencement of policy no risk is covered under the policy. Therefore, no liability can be fastened on opposite party No.1. Accordingly this opposite party repudiated the claim vide letter dated 25.7.2000 addressed to opposite party No.2 and marked a copy to opposite party No.3. There is no deficiency of service on behalf of opposite party No.1 and the complainant is not entitled to any relief as prayed for. It is prayed to dismiss the complaint as the complaint is barred by limitation. Opposite party No.2 filed counter stating that an amount of Rs. 89,928 has been deposited towards insurance premium for 2498 members @ Rs. 36 each by way of credit advice into opposite party No.3 Bank along with list of members. On receipt of death intimation a letter was addressed to opposite party No.1 on 10.5.2000 to send the claim form. In spite of several letters opposite party No.1 did not send the claim forms. There is no deficiency of service on their behalf.;


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