A.K.ANNAMALAI J. - (1.) The Respondent as complainant filed a complaint before the District Forum, Erode, alleging deficiency against the opposite parties to pay a sum of Rs.35,000/ with 18% interest per annum from 7.7.04 till date of realization towards accident benefit payable to the complainant on the death of her husband, to pay a sum of Rs.10,000/- towards compensation for mental agony, sufferings, inconvenience and expenses and to pay litigation expenses. The District Forum, allowed the complaint against the opposite parties. Against the said order, this appeal is preferred by the opposite parties, praying to set aside the order of the District Forum, Erode, dated 11.04.08 in O.P.No.98/2004. This appeal coming before us for hearing finally on 26.04.2011, upon hearing the arguments of the counsel on both sides, and perused the documents, written submissions as well as the order of the District Forum, this Commission made the following order :- The opposite parties are the appellants.
(2.) The complainant/respondent filed a complaint against the opposite parties claiming for insured amount along with accidentally benefit of Rs.35,000/- with interest and for Rs.10,000/- as compensation.
(3.) The brief details of the complainant case as per the complaint is as follows :- Complainants husband one Mr.Shanmugam insured his life with 2nd opposite party under a policy for Rs.35,000/- and commencing the risk from 15.5.2000 along with the accident benefit policy. The complainants husband met with an accident while driving two wheeleralong with the complainant and died on 8.6.04 and the accident was reported to the 2nd opposite party and the police complaint was also registered 2nd opposite party paid a sum of Rs.42,272/- without giving the accident benefit of policy under the accident coverage and when that claim was made it was repudiated and failed to furnish the details for the same and thereby there was a great deficiency of service under Sec.2(1)(g) and (o) of Consumer Protection Act.;