Date of filing: 20.7.2015 Date of Order : 19.9.2018
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 THE 19th DAY OF SEPTEMBER 2018
CONSUMER COMPLAINT No. 61 / 2017
Peddireddy Sujatha,
W/o Late Peddireddy Konda Reddy,
aged about 35 years, Hindu, Housewife,
Resident of D.No. 3/22, Chiyyapadu Village,
Chapadu Mandala, Kadapa district. ….. Complainant.
Vs.
1. Andhra Pragathi Grameena Bank,
Rep. by its Branch Manager, Chapadu Branch,
Chapadu Village and Mandal, Kadapa District.
2. Andhra Pragathi Grameena Bank, Rep. by its
General manager, head Office, Near petrol Bunk,
Mariyapuram, Kadapa City and District.
3. United India Insurance Com. Ltd., Rep. by its
Divisional manager, Divisional Office,
Near Murali Theatre, Kadapa city. ………Opposite parties.
This complaint coming on this day for final hearing on 11.09.2018 in the presence of Sri M. Sai Niranjan Babu, Advocate for Complainant and Sri A. Raja Reddy, Advocate for opposite parties 1 & 2 and Sri G. Trivikram Singh, Advocate for O.P.3 and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per Smt. K. Sireesha, Member),
1. Complaint filed under section 12 of Consumer Protection Act 1986 praying this Hon’ble Forum, be pleased to pass a decree in favour of complainant and against the opposite parties to pay Rs. 1,00,000/- towards personal accidental coverage with interest at 24% p.a. from the date of death till the realization, to pay Rs. 20,000/- towards causing physical strain and mental agony and Rs. 3,000/- towards costs of the complaint to the complainant.
2. The brief facts of the complaint are as follows:- The complainant is wife of deceased Peddireddy Konda Reddy, who had S.B. Account bearing No. 91023249487 with O.P.1 Bank opened on08.5.2013 and PAC (Personal Accident Coverage) premium of Rs. 25/- debited on 27.6.2013 from the account of the deceased and the same was sent to O.P.2 Bank. Opposite parties 1 & 2 tie-up with O.P.3. O.P.3 issued policy bearing No. 050900/47/13/61/00000001. One P.V. Venkata Suresh, who was running barber shop near RTC Bus stand, Mydukur and he borrowed an amount of Rs. 80,000/- from the deceased and paid Rs. 50,000/- and he was due to Rs. 30,000/- to the deceased. The deceased was asking P.V. Venkata Suresh to pay remaining Rs. 30,000/-. On 04.3.2014 P.V. Venkata Suresh called the deceased by cell phone stating that he will repay the amount due to him near four roads junction. They attacked the deceased the deceased received bleeding injuries and died. The same was registered in Cr. No. 62/2014 under section 302, 201, R/w 34 IPC of Mydukur U/g police station, Kadapa District. After the death of the deceased the complainant approached O.P.1 and intimated the accidental death and requested for accidental death benefits of Rs. 1,00,000/- of her deceased husband. O.P.1 sent all relevant documents to O.P.2. Surprisingly, O.P.3 letter dt. 22.7.2015 to the complainant the murder was not a death and the claim was repudiated. As per terms and conditions of the policy issued by the opposite parties the opposite parties are liable to pay Rs. 1,00,000/- as accidental death benefit. The opposite parties had not settled the claim so the gross negligence on the part of the opposite parties. Hence, the complaint.
3. Written version filed by the respondent No. 2 and he same was adopted by respondent No. 1.
The deceased had S.B. Account bearing No. 91023249487 with respondent No. 1 bank. There was a tie up of insurance between Respondents 1 & 2 with respondent No. 3. After the death of the deceased the complainant submitted all records and the same was forwarded to O.P.3 along with a covering letter. The respondent No. 3 repudiated the claim on the ground that the murder does not come under the accidental death. So there is no negligence on the part of the respondents 1 & 2 and the forum may be dismissed the complaint on behalf of respondents 1 & 2.
4. Written version filed by respondent No. 3. The respondent admits that there was a group insurance policy bearing No. 050900/47/13/61/00000001 for the SBI account holders of respondents 1 & 2 bank and the policy covers personal accident insurance benefit of Rs. 1,00,000/- in case of death of insured person, his nominee will be paid with insurance amount. The deceased Kondareddy doing money lending business in those transactions the said P.V. Venkata Suresh fed up with the attitude of the deceased and which leads to death. It clearly shows that the murder which is not an accidental murder but is murder simplicitor which took place with a dominate intention of act, which amounts to killing is not an accidental murder. In view of the above facts the claim of the complainant was repudiated. There is no negligence or deficiency in service on the part of this respondent. Hence, the complaint may be dismissed.
5. On the basis of the above pleadings the following points are settled for determination.
- Whether the complainant is eligible for compensation as prayed by him or not?
- Whether there is negligence or deficiency of service on the part of the Respondents or not?
- To what relief?
6. On behalf of complainant Exs. A1 to A11 documents were marked and on behalf of Respndent No.3 Exs.B1 & B2 documents were marked.
7. Point Nos. i & ii. It is very clear from Exs. A1 and A2 that the deceased had account with respondent No. 1 bank. Ex. B1 clearly shows that the policy number given by respondent No. 3. After the death of the deceased the complainant had submitted Exs. A4 to A10 which are relevant to claim the accidental death policy of her deceased husband to the respondents 1 & 2. Respondents 1 & 2 forwarded the same to respondent No. 3 and the same respondent No. 3 issued Ex.B1 stating that the claim was repudiated. The death was caused due to intentional murder but not accidental murder. Ex. B2 is the policy copy filed by respondent No. 3 for the same policy the deceased was also Member. The evidence on record clearly shows that the deceased was not a factionist with other people. Respondents 1 to 3 utterly failed to prove that the deceased had rivalry with other persons. The attack was sudden attack and the deceased died at the same time. The deceased was attacked by some persons due to multiple injuries he was died. Therefore, the death of the deceased in this case is an accidental murder and not a murder simplicitor. After going through entire material placed on record we have came to the conclusion that there is deficiency in service on the part of the respondents in settling the claim of the complainant and the complainant is eligible for compensation as prayed by her. Points i & ii are answered in favour of the complainant.
8. Point Nos. iii. In the result the complaint is allowed, directing the respondent No. 3 to pay an amount of Rs. 1,00,000/- (Rupees one lakh only) towards personal accident coverage with 9% interest from the date of death till realization, pay Rs. 10,000/- (Rupees ten thousand only) towards mental agony and to pay Rs. 3,000/- (Rupees three thousand only) towards cost of the complaint to the complainant within 45days of date of receipt of orders. Complaint against respondents 1 & 2 dismissed.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, this the 19th day September 2018.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant : NIL For Opposite parties: NIL
Exhibits marked for Complainant: -
Ex.A1 P/c of SB Account pass book of the deceased.
Ex.A2 P/c of Ledger Extract issued by OP No.1 Bank.
Ex.A3 P/c of Letter dt.22-4-2014 issued by op-1.
Ex.A4 Attested copy of FIR.
Ex.A5 Attested copy of Inquest.
Ex.A6 Attested copy of postmortem certificate.
Ex.A7 Attested copy of charge sheet.
Ex.A8 Original death certificate.
Ex.A9 P/c of Family Members Certificate.
Ex.A10 P/c of Ration card.
Ex.A11 P/c of Repudiation letter dt 22-7-2015 issued by OP.No.3.
Exhibits marked on behalf of the Respondents 1 & 2
Exhibits marked on behalf of the Respondent No. 3
Ex. B1 P/c of Repudiation letter dt. 22.7.2015.
Ex. B2 P/C OF Upgraded Janatha Personal Accident group insurance policy bearing No. 0509004213P116824188 to the previous policy bearing No. 050900/47/13/61/00000001.
MEMBER PRESIDENT
Copy to :-
- Sri M. Saineeranjan Babu, Advocate for complainat.
- Sri A. Raja Reddy, Advocate for O.Ps 1 & 2.
3. Sri G. Trivikram Singh, Advocate for O.P3.
B.V.P
