BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::

KADAPA Y.S.R DISTRICT

PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT

    SMT. K. SIREESHA, B.L., LADY MEMBER

Wednesday, 5^th October 2016

CONSUMER COMPLAINT No.  27/ 2016

1.  Puvadi Rajeswari, W/o Late Puvadi Madhu,

     aged 29 years, Hindu, House wife.

2.  Puvadi Bhargivi, D/o Late Puvadi Madhu, aged 12 years,

     Hindu, Minor education (daughter of the deceased).

3.  Puvadi Hema, D/o Late Puvadi Madhu, aged 5 years,

     Hindu Minor ( daughter of the deceased),

4.  Puvadi Manikanta, S/o Late Puvadi Madhu, aged 10 months,

     Hindu, Minor (son of the deceased).

     Complainant 2 to 4 are being minors Rep. by their natural

     guardian and mother Complainant No. 1. 

     All are residing at D.No. 6/52, Ukkayapalli, Machupalli Post,

     Sidhout Mandal, Kadapa District.                                               ….. Complainants.

Vs.

Shriram General Insurance Co. Ltd., Rep. by its

Branch manager, Branch Office, D.No. 8/132

Upstairs of  Hero show room, Maruthi Nagar,

Kadapa city.                                                        …..  Opposite party /Respondent.

This complaint coming for final hearing on 05-10-2016 in the presence of Sri M.A. Khan, Advocate for complainant and Sri p. Goutham Kumar, Advocate for Respondent / Opposite party and  upon perusing the material papers on record, the Forum made the following:-

O R D E R

(Per V.C. Gunnaiah, President),

1.                The complainant filed this complaint under section 12 of Consumer Protection Act 1986 (for short herein after called as C.P. Act) praying this forum to direct the Respondent / Opposite party to pay Rs. 2,00,000/- with interest at 24% p.a. from 9-9-2015 i.e. the date of accident till the date of payment, Rs. 10,000/- towards mental agony and Rs. 5,000/- towards costs of the complaint. 

2.                The averments of the complaint in brief are that the 1^st Complainant is wife and Complainants 2 to 4 are minor children of deceased Puvadi Madhu, who is the owner cum driver of vehicle bearing No. AP 22 X 4950.  Puvadi Madhu insured the said vehicle with opposite party from 29-1-2015 to 30-10-2015 by paying necessary premium.   On 9-9-2015 Puvadi Madhu, who was the driver of vehicle bearing No. AP 22 X 4950, met with road accident on N.H-5 and sustained multiple insures and succumbed injuries, while undergoing treatment.  A case in cr. No. 199/2015 under section 279/304-A of IPC was registered.  The policy covers personal accidental policy at Rs. 2,00,000/- for the death of deceased who has valid and effected driving license at the time of driving of the vehicle.  The Complainants made representation to the Opposite party for the accidental death benefit of the deceased under the above policy but the Respondent / Opposite party has not paid.  Hence, the  complaint for the above relief’s.   

3.                Respondent / Opposite party filed counter denying the allegations regarding validity of driving license of the deceased and the liability to pay the above compensation as claimed.  However, the Opposite party admitted the deceased Puvadi Madhu took a policy for the vehicle bearing No. AP 22 X : 4950, goods vehicle for the period from 31-10-2014 to 30-10-2015 under policy No. 10003/31/15/376570 and paid premium to cover the risk of owner cum driver.  But the crime record shows that the accident occurred due to rash and negligent driving of the deceased himself.  So, the Opposite party is not liable to pay the amounts claimed by the Complainants and the Complaint is liable to be dismissed.

4.                On the basis of the above pleadings the following points are settled for determination. 

1. Whether the complainants are entitled for the reliefs as prayed against the Opposite party?
2. To what relief?

5.                No oral evidence has been let in by the parties.  But  on behalf of the complainant Exs. A1 to A6 documents are marked and on behalf of the Opposite party Ex. B1 is marked.       

6.                Heard arguments on both.  

7.                Point Nos. 1. Although the Opposite party after receiving the notice in this complaint case filed counter denying his liability to pay the death benefits as claimed by the Complainants, however, during enquiry at the time of arguments stage Respondent / Opposite party filed memo with notice to Complainants counsel that the Opposite party prepared to pay Rs. 1,90,000/- towards full and final settlement of claim of Complainants and order may be passed to that effect against the Opposite party.  The Complainants have also reported no objection to receive Rs. 1,90,000/- towards full and final settlement of their claim. 

8                 In view of the memo filed by the Respondent / Opposite party to suffer a decree or order to pay Rs. 1,90,000/-to the Complainants towards full and final settlement of their claim made in the complaint,  we feel there is no need to have much discussion about the cases of Complainants and Opposite party, in this case and  Straight away an order can be passed against the Opposite party / Respondent as per settlement arrived by them towards claim of Complainants.  As such we recorded the memo filed by the Opposite party / Respondent to direct the  Opposite party / Respondent to pay Rs. 1,90,000/- (Rupees one lakh ninety thousand only) towards settlement of claim of Complainants in this case.  Accordingly, the point is answered. 

9.                Point No. 2. In the result, the complaint is allowed, directing the Opposite party / Respondent to pay Rs. 1,90,000/- (Rupees one lakh ninety thousand only) to the Complainants, within 45 days from the date of receipt of this order, failing which the above amount shall carry interest at 12% p.a. till realization. The Complainants are not entitled for other claims.

          Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 5^th October 2016

MEMBER                                                                                        PRESIDENT

APPENDIX OF EVIDENCE

Witnesses examined.

For Complainant:         NIL                                             For Respondent :     NIL

Exhibits marked for Complainant  : -  

Ex. A1         Policy bearing No. 10003/31/15/376570 valid from 29-1-2015 to 30-10-2015 relating to the vehicle bearing No. AP 22 X : 4950 which belongs to the deceased Puvadi Madhu, dt. 29-1-2015.

Ex. A2         P/c of FIR in Cr. No. 199/2015 of simulia P.S. of Balasore District, Odissa, dt. 9-9-2015.

Ex. A3                   P/c of Post mortem certificate of the deceased dt. 10-9-2015.

Ex. A4                   O/c of legal notice dt. 5-2-2016.

Ex. A5                   P/c of inquest report dt. 10-9-2015.

Ex. A6                   Death certificate dt. 26-9-2015.

Exhibits marked on behalf of the Respondents : -  

Ex. B1                   Attested policy copy and endorsement.

MEMBER                                                                                        PRESIDENT

Copy to :-

1. Sri M.A. Khan, Advocate for Complainant
2. Sri P. Goutham Kumar, Advocate for Opposite party.

B.V.P.