BAJAJ ALLIANZ LIFE INSURANCE COMPANY LIMITED Vs. RASHMI BALIGA

JUDGEMENT

(1.) THIS is an appeal filed by the appellant /OPs challenging the order dated 30.3.2010 passed by the DF, Mangalore in Complaint No. 158/2009 whereby the complaint filed by the complainant came to be allowed. OPs are directed to pay Rs. 11,00,000 to the complainant along with interest at 12% p.a. from the date of accident till the date of payment and further Rs.1,000 awarded as cost of the litigation expenses. Payment shall be made within 30days from the date of the order. Therefore, the OPs have filed this appeal.

(2.) THE case of the respondent in brief is that: The husband of the complainant by name Ramesh Baliga had taken insurance policy from the OP for a sum of Rs. 11,00,000 covering the risk commencing from 9.11.2005 for yearly premium of Rs. 20,000 and for the 3rd year renewal of the policy the complainant sent the DD dated 30.11.12007 for Rs. 30,575 drawn on Karnataka Bank, Kunjibettu, Udupi in favour of OP No. 1 and the same was accepted by the OP and renewed the policy by issuing receipt dated 3.1.2008. But unfortunately the insured Ramesh Baliga died on 23.12.2007 due to myocardial infarction. It is further stated that the complainant came to know the existence of the policy after long time of death of her husband. Thereafter, she informed the death of her husband to the OP and submitted the claim form along with necessary documents to the OP. The OP repudiated the claim stating that at the time of death of insured the policy was in a lapsed condition and the complainant is not entitled for any claim. This made the complainant to file a complaint before the DF.

(3.) AFTER service of notice, OPs appeared through their Counsel filed its version contending that the complainant is not a consumer and this Fora has no jurisdiction to entertain this complaint. Apart from the above, it is submitted that the complainants husband B. Ramesh Baliga had insured his life for a sum of Rs. 11,00,000 on 9.11.2005 with the OP. It is submitted that the complainant had not disclosed the death of the insured Ramesh Baliga at the time of sending the DD dated 30.11.2007 for Rs. 30,575 after the death of the insured sent to Kolhapur Branch and the said branch received the same on 3.1.2008 i.e. after the grace period of the policy. The further contention of the OPs in their version is that in order to make unlawful gain the complainant has sent the DD to Bajaj Allianz Life Insurance Co. Ltd., Kollapur Branch and the complainant has not explained why demand draft has been sent to Kolhapur Branch instead of sending the same to Mangalore Branch where she is residing. A false story is created by the complainant to make unlawful gain and the complainant is not entitled for any claim and there is no deficiency on their part and prayed for dismissal of the complaint.