GOLDEN TRUST FINANCIAL SERVICES & ANR Vs. MALWA DEVI

JUDGEMENT

(1.) THESE appeals are directed against order dated 6.2.2008, passed by District Consumer Disputes Redressal Forum, Dhanbad, in Consumer Complaint No. 330 of 2006. By the impugned order National Insurance Company Ltd. (for convenience Insurance Company) and Golden Trust Financial Services (for short G.T.F.S.) (appellants) were jointly and severally directed to pay Rs.1,00,000 to the complainant with interest @ 8% per annum pendente lite and future till realisation along with compensation of Rs. 5,000 within 30 days from the date of order.

(2.) THE complainant's husband Sahdeo Yadav took a Group Janta Personal Accident Insurance Policy for a sum of Rs.1,00,000 from the Insurance Company (appellant in FA No. 79 of 2008) through Golden Multi Services Club of G.T.F.S. for the period from 23.3.2003 to 22.3.2018. The complainant was the nominee in the policy. Sahdeo Yadav died in a Motor Vehicle accident on 25.11.2004 for which Govindpur P.S. Case No. 288 of 2004 was registered. Sahdeo Yadav was a heavy vehicle driver by profession.

(3.) THE complainant informed the Insurance Company and also the G.T.F.S. and duly submitted claims. On receipt of the claim from the complainant, the Insurance Company appointed investigator who investigated the claim by taking statements and visiting the native place of complainant and other relevant places. But when no response was received from the Insurance Company for settlement of the claim, the complainant sent legal notice. Even then the Insurance Company did not respond. However, the G.T.F.S. replied and asked the complainant to take up the matter with the Insurance Company.