M.THANIKACHALAM, J. - (1.) The opposite party is the appellant.
(2.) The husband of the complainant, by name Shabuddin, had taken two insurance policies for the sum assured Rs.25000/- each. In a fire accident, he died on 23.7.2000. During his period, he has not committed any default, in the payment of premium. Despite the best treatment offered, he died. After the death, claiming the benefits under the policy, attaching postmortem certificate, FIR, when a claim was lodged, not honoured, which should be construed as deficiency of service, on the part of the opposite party. Due to non-settlement of the claim, till this date, and even not responding by repudiating, the opposite parties have committed negligent act, as well as deficiency in service, for which the complainant is entitled to a sum of Rs.50000/- towards insurance claim, with interest thereon at 12% p.a., in addition to a sum of RS.4 lakhs, as compensation for mental agony.
(3.) The opposite party/ appellant, admitting the policies taken by the husband of the complainant, resisted the complaint, contending that the case is barred by limitation, that as per the policies, sum assured, as well as bonus were paid to the complainant, totaling a sum of Rs.72,731/-, by way of cheque dt.28.8.00, bearing cheque No.229750, payable at Indian Bank, Dharmapuri, and that since they have not committed any negligent act, or deficiency in service, and the fact, the claim is barred by limitation, they are not liable to answer the claim, praying for the dismissal of the complaint.;