NATIONAL INSURANCE COMPANY LTD Vs. VULUVALA LINGA REDDY

JUDGEMENT

(1.) Aggrieved by the order in C.C.No.49/2006 on the file of District Forum, Nalgonda, opposite party no.3 filed this appeal.

(2.) The brief facts as set out in the complaint are that during the life time of Vuluvala Lalithamma who is the wife of the complainant herein, she took Group Personal Accident Policy covering a period from 15.6.2004 to 14.6.2014 through opposite parties 1 and 2 for a sum of Rs.1 lakh. On 23.8.2004 the complainants wife i.e. the insured herein died due to snake bite at Nakrekal village, Nalgonda District. Crime no.94/2004 was registered and after the due enquiry the police filed charge sheet stating that the said Lalithamma died due to snake bite. Inquest, Panchanama and Postmortem were also conducted on the deceased Lalithamma. It is submitted that the complainant approached opposite party no.1 with all the documents and a claim form is issued on 11.9.2004 and all the certified copies were submitted on demand through opposite party no.2 on 24.10.2005, but even after several requests and correspondence the opposite parties did not settle the claim and the complainant got issued legal notice on 8.4.2006. The complainant submits that he has filed the claim form with all the necessary documents to the opposite parties within time and in turn opposite party no.2 submitted the claim to the opposite party no.3. After several requests and correspondence the opposite party sent a letter dt.8.5.2006 stating that they have treated the claim as No claim as the claim is not filed within time. Hence the complaint seeking direction to the opposite parties to settle the claim amount of Rs.1 lakh with interest, to pay compensation of Rs.50,000/- and costs.

(3.) Opposite parties 1 and 2 filed written statement admitting that opposite party no.3 had issued Group Personal Accident Policy to the complainants wife and submit that as per the MOU and letter dt. 23.8.2004 opposite party no.3 is authorized to settle the claim. Opposite parties submit that the opposite party no.3 contends that the claim was submitted after 6 months and 15 days but the policy conditions state that intimation of death should be given within one calendar month and in the instant case the death was on 23.8.2004 and intimation was given on 15.9.2004 which is well within one month and there is no breach of policy conditions. There is no deficiency in service on behalf of the opposite parties 1 and 2 and they seek dismissal of the complaint with costs.