A.K.ANNAMALAI, J - (1.) The 1st opposite party is the appellant.
(2.) The complainant filed a complaint against the opposite parties 1 & 2 claiming for payment of Rs.1,00,000/- towards the insured amount for the accident benefit for complainants deceased husband and directing the opposite parties to pay the balance amount of Rs.2,51,000/- lying with the current account No.ICD 719 to the complainant and directing the opposite parties to pay Rs.50,000/- towards deficiency of service and mental agony and with costs.
(3.) The complainant in his complaint as stated in brief are as follows:- The complainants husband was having a current account with the 1st opposite party with an insurance coverage for the accident benefit of Rs.1,00,000/- on 4.3.1996 and appointed the complainant as his nominee. On 5.2.2002 the complainants husband died as in a traffic accident under the Sulur Police Station limit and a criminal case under Sec.279 & 304(A) of IPC in FIR No.73/2002 was registered. The complainant claimed the insurance amount from the 1st opposite party by sending a letter on 24.4.02 by post and as there was no reply on 3.6.02 a registered post was sent and subsequently on 5.8.02, 8.2.02, 12.10.02 also the complainant sent reminder letters and only on 9.12.02 after the lapse of 8 months from the date of intimation by the complainant the 1st opposite party sent a letter stating that the claim preferred by the complainant was not considered favourably owning to the delayed information sent by the complainant. On 26.12.02 the Tiruppur Consumer Voice also sent a registered letter to the 1st opposite party to settle the claim of the complainant. On 10.1.2003 a reply was sent by rejecting the claim. The complainant states the 1st opposite party refused to give scheme of details of the ICD account of the husband of the complainant and refused to disclose of the name and address of the insurance company. As per the pass book the complainant husband was having a sum of Rs.2,51,000/- as balance and entitled to withdraw the same. The 2nd opposite party is the insurer and both opposite parties in concert each other by deliberately not informing the insurance details of the deceased to the complainant with a view to defeating in pending claim of the complainant. Hence the complainant come forward with this complaint seeking the relief against the opposite parties as prayed for.;