First Appeal No. A/306/2008, (Arisen out of Order Dated 08/02/2008 in Case No. CC/85/2005 of District Samastipur). Case: Divisional Manager, National Insurance Company Ltd., Kolkatta & another Vs Smt. Sunila Devi.
| Case Number | First Appeal No. A/306/2008, (Arisen out of Order Dated 08/02/2008 in Case No. CC/85/2005 of District Samastipur) |
| Judges | Mr. Subhash Chandra Jha President and Mrs. Renu Sinha Member |
| Issue | Consumer Law |
| Judgement Date | May 12, 2011 |
Order:
S.C. Jha, President
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This appeal has been directed against the order dated 08-02-2008 passed in Consumer Complaint No. 85/2005 by the learned District Consumer Disputes Redressal Forum, Samastipur (hereinafter to be referred to as District Forum) whereby and whereunder the appellant-National Insurance Company, who was O.P.No.2 was held deficient in providing service and as such, was directed to pay Rs. five lacs along with interest of Rs. 1,62,500/- computed @ 10% from October,2004 to January,2007 and also Rs. 10,000/- by way of compensation for mental and financial harassment with litigation cost of Rs. 2000/-, in all Rs. 6,74,700/- within 45 days from the date of passing of the order, failing which interest @ 10% per annum till realization is to be realized from them.
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Heard the learned counsel of both sides and perused the order impugned, which seems to have been passed by the two members of the District Forum.
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A complaint was filed by Smt. Sunila Devi, the complainant stating therein that late Nawal Kishore Mishra got his insurance cover of Rs. five lacs from the appellant on 25-03-2004 on payment of premium of Rs. 1687/- in token of which a receipt was granted along with certificate in which the complainant Mrs. Sunila Devi was shown as nominee of the deceased, who happens to be daughter of the deceased.
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Thereafter, her father, namely, Nawal Kishore Mishra died on 15-05-2004 due to snake bite and such information of death was orally given to O.P.No.1, Golden Trust Financial Services (in short GTFS) and as such, relevant documents were called for. The GTFS did not pay any heed in providing her relevant papers of the insurance and policy bond, which was, of late, delivered on 05-07-2005. Thereafter, the complainant presented her claim along with papers on 21-09-2004 in the office of GTFS, which was transmitted in the office of the Insurance Company but in vain although she made efforts for the same. Ultimately, a complaint as stated above, was filed. The complainant has filed relevant papers of insurance cover, death certificate granted by Mukhiya and Medical Officer etc. The GTFS and another O.P., no doubt, made their appearance and filed their written statement repudiating the claim of the complainant on the ground of its maintainability and also being time barred. It was also contended that there are agreement between GTFS and Insurance Company and as such, in terms of that agreement, the complainant had to lay her...
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