GATTA RAJYA LAKSHMI Vs. NATIONAL INSURNACE CO. LTD.,REP. BY ITS DIVISIONAL MANAGER

JUDGEMENT

(1.) This is an appeal filed by the unsuccessful complainant before the District Forum assailing the order of the District Forum that dismissed her complaint.

(2.) The facts of the case are briefly as follows:

(3.) The complainant is wife of G.Gangadhara Rao, who died on 8-10-2004 in the early hours when he went to answer the calls of nature. The same was reported to Mandavalli S.H.O. and to the opposite party no.2 and a case was registered in FIR 93/2004 U/s.174 Cr.P.C. Inquest was held and postmortem examination was conducted on the dead body. The deceased Gangadhara Rao during his life time subscribed to Janata Personal Accident Policy and paid Rs.337/- towards premium through his employer and opposite party No.2 issued policy which is in force from 01-12-2002 to 30-11-2005. The complainant submitted that after hearing the sudden death of her husband, she was attacked with paralysis stroke and that she had no knowledge of the insurance policy and hence could not inform the death of the insured to the opposite parties. After recovery, she gave a representation to opposite party No.2 to process the claim with opposite party No.1 and thereafter opposite party No.2 requested opposite party No.1 for claim forms. Opposite party No.1 informed opposite party No.2 their inability to admit the claim due to inordinate delay in intimating the death. The complainant made representation to opposite party No.2 on 02-12-2004 as well as opposite party No.2 requested opposite party No.1 to admit the claim sympathetically as there was no willful negligence along with all documents but opposite party No.1 repudiated the claim. Hence the complainant approached the District Forum for a direction to the opposite parties to pay an amount of Rs.1,00,000/- with interest at 12% p.a. from 810-2004 till the date of death of policy holder till realization together with compensation of Rs.20,000/-.