SANDINA SRINIVASA RAO Vs. GOLDEN TRUST FINANCE SERVICES

JUDGEMENT

(1.) The unsuccessful complainant in CD 205/2007 before the District consumer Forum I, Visakhapatnam nas assailed the order dated 28.4.2008 in dismissing the insurance claim covered by personal accident policy

(2.) The facts of the case as set out in the complaint are that the complainants father had obtained a Group Personal Insurance Policy issued by the second opposite party. During subsistence of the policy his father had slipped from the slab steps and sustained head injury on 28.01.2004 at 6.00 AM and lost his consciousness. So he was shifted to King George Hospital where the doctors expressed that there is no chance of survival and advised him to take him back and the patient was taken home where he died on 29.01.2004. The complainant was unaware of the policy conditions. So he had not intimated to the police. The policy was also misplaced. After the policy was traced out, the death intimation given to OP 1 and submitted the claim but it was repudiated wrongfully. The act or omission amounts to deficiency in service. OPs 1 and 2 filed separate versions denying the claim. OP 1s stand is that he is an agent and he has no liability at all.

(3.) OP 2s version is that as per the terms and conditions of the policy, the insured shall issue notice thereof and the intimation of the death of the insured. There ws a delay of one month and five days. And further there is no documentary evidence to show that the insured died accidentally. Police report was not given, so also, no post mortem was done and the complaint is barred by limitation. Hence, he is not entitled for the relief.