Complaints filed on: 25-8-2021

                                                      Disposed on: 11-02-2022

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

CC.No.68/2021

DATED THIS THE 11^th DAY OF FEBRURY, 2022

PRESENT

SRI.KUMARA.N, B.Sc., L.L.B, PRESIDENT (I/c)

SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER

Complainant: -

                                                Suvarnamma

                                                W/o late Lakshminarayana

                                                Aged about 35 years

                                                R/o Giriyanahalli village,

                                                Sampige R.S.Post,

                                                Dandinashivara hobli,

                                                Turuvekere taluk,

                                                Tumakuru district 

(By Sri.Umesh, Advocate)

V/s

Opposite parties:-    

1. The Manager,

HDB Finance Service,

Reg. Off: Radhika, 2^nd floor, Law Garden Road, Navarangpura,

Ahmadabad,

Gujarath-380009

Branch office:

Opp: Gayathri Theater

BH Road, Tumkur

2. The Manager

TATA AIG General Insurance Company Limited

Reg. Off: 15^th Floor,

Tower-A, Peninsula Business Park,

Ganapath Rao Kadam Marg,

Off: Senapathi Bapat Marg,

Lower Parel,

Mumbai-400013  

Branch Office: 2^nd Floor,

Balaji Towers,

Above Laxmi Vilas Bank,

Tumakuru

(OP No.1- by Sri.S.N.Shivakumaraswamy

Advocate)

(OP No.2- Exparte)

ORDER

SMT.NIVEDITA RAVISH, LADY MEMBER

This complaint is filed by complainant under section 35 of the CP Act 2019 against Opposite party Nos.1 and 2 (herein after called as 1^st OP and 2^nd OP) to direct the Opposite parties to pay the insurance amount of Rs.10,00,000-00 by deducting the tractor finance amount of Rs.3,19,699-00 and remaining amount of Rs.6,80,301-00 to the complainant and direct the OPs to pay compensation amount of Rs.1,00,000-00 to the complainant.

2. The 1^st OP is the Manager of HDB Finance Service, Navarangpura, Ahmadabad, Gujarat and branch office is at Tumkur. The 2^nd OP is the Manager of TATA AIG General Insurance Company Ltd, Mumbai and branch office is at Tumkur.

3. It is the case of complainant that the husband of complainant by name Lakshminarayana S/o Thimmaiah purchased one Tractor and availed finance from the 1^st OP and the 2^nd OP was insurer of complainant’s husband wherein who has taken insurance policy on 28-2-2021 by paying Rs.3199-00 as premium amount, sum assured was Rs.10,00,000-00 in policy no.023847498500008427 which is valid from 11-2-2021 to 10-2-2024. Further stated that on 26-4-2021 the complainant’s husband was died due to sudden heart attack leaving behind the complainant as legal heir. Having legal right the complainant has requested the OPs to settle policy amount of Rs.10,00,000-00 by deducting the loan amount of Rs.3,19,629-00 and pay the remaining balance amount of R.6,80,301-00 to the complainant. Though the complainant has produced all necessary documents and requested the OPs but they have not either settled or replied. On 5-8-2021 the complainant has issued legal notice to OPs, in turn the OPs not replied the same. Hence, this complaint.

4. After issuing notice from this Commission, the 2^nd OP has not appeared and placed exparte. The 1^st OP has appeared through its learned counsel and filed written version submitting that the complainant’s husband and 1^st OP having borrowers and financier in relationship, hence 1^st OP sanctioned finance/loan of Rs.3,19,699-00 to the complainant’s husband as Tractor finance under the loan agreement no.14009879 dated 26-1-2021. The husband of complainant had agreed to repay the loan amount by way of equated half yearly installments of Rs.71,001-00 each in six installments commencing from 4-8-2021 to 4-2-2024. The loan outstanding is as on 7-10-2021 payable by husband of complainant (borrower) or by his legal heirs to the 1^st OP was Rs.3,75,720.21. It is further submitted that the said loan was insured with the 2^nd OP on payment of premium amount of Rs.3198-00. The said amount of premium was collected by 1^st OP as being an agent of 2^nd OP and remitted the same to 2^nd OP and role of 1^st OP was to collect the premium of the said policy and to remit the same to the 2^nd OP. Being an agent of the 1^st OP has done his work. Moreover, once the policy is issued by the insurance company the role of the agent terminates. Further the 1stOP submitted that the complainant had submitted death claim to the 2^nd OP as per her complaint averments and all the requisite documents pertaining to death claim of the policy were submitted to the 2^nd OP. The disputes of claims as regards claims of insured are concerned, the insurance company which was issued the policy by collecting the premium is solely and absolutely liable and responsible but not the agent. Hence, the 1^st OP asked to dismiss the complaint against the 1^st OP.

5. The complainant has filed her affidavit evidence and produced Ex.C1 to Ex.C7. On behalf of 1^st OP authorised person one Sunil Sankapale has filed affidavit evidence and produced the Ex.R1 to R3.

6. We have heard the oral arguments in addition to this the learned counsel for the 1^st OP has filed written arguments and the points that would arise for determination are as under:

1. Whether the complainant proves the deficiency in service on the part of OPs?
2. Is complainant entitled to the reliefs sought for?

7. Our findings on the aforesaid points are as follows:

Point No.1: In the negative  

Point No.2: In the negative for the below

REASONS

8. Point No.1 and 2: The learned counsel for the complainant submitted that the husband of complainant who died on 26-4-2021 has purchased the tractor and availed loan/finance from the 1^st OP on 28-2-2021 for Rs.3,19,699-00. Further the complainant husband taken insurance policy from 2^nd OP by paying premium of Rs.3199-00 and in the said policy sum assured was Rs.10,00,000-00. Further submitted that the complainant has approached the 2^nd OP for insurance claim amount after her husband demise due to heart attack on 26-4-2021. Inspite of giving required claim form along with documents and requests, the 2^nd OP not settled the claim amount.

9. Ex.C5 and Ex.R4 produced by the complainant and 2^nd OP was certificate of insurance which proves that the 2^nd OP has issued the certificate of insurance policy which was Group Credit Secure Plus Insurance policy having number 02384749850008427, which cover the benefits of Rs.10,00,000-00 for accidental death. The complainant claimed benefits for her husband’s death which was due to heart attack. Further the complainant has produced the citations of the Hon’ble Supreme Court in Civil Appeal No.3413/2019. Smt.Alka Shukla v/s Life Insurance Corporation of India which stated that;

“In the present case, there is no evidence to show that any bodily injuries were suffered due to the fall from the motorcycle or that they led to the assured suffering a heart attack. There is no evidence to show that the accident took place as a result of any outward, violent and visible means. The assured died as a result of heart attack which was not attributable to the accident”             

It is held that in terms of the accident covers, the sum assured was payable in the event of an accident caused by “outward, violent and visible means”. Accordingly in this case the complainant has not produced any documents to prove the death of her husband is caused by “outward, violent and visible means”. Accordingly the complainant has not produced any supporting documents/evidence to prove the deficiency on the part of OPs.

10. The complainant has produced Ex.C1, Ex.C2 and Ex.C3 which proves that legal notice of complainant was served to OPs. Ex.C4, Ex.C5 proves that husband of the complainant availed the tractor finance/loan  from the 1^st OP and 2^nd OP has issued the insurance policy to the husband of complainant. The complainant produced the Ex.C6 which is the death certificate of complainant’s husband. The 1^st OP financier has produced Ex.R1/Asset finance and Auto loan application form and Ex.R2/Agreement for loan and guarantee which proves that husband of complainant has availed the finance/loan from the 1^st OP. Ex.C4 proves that the 1^st OP collected the insurance premium amount of Rs.3,199-00 accordingly the 2^nd OP has issued R4/Certificate of insurance to husband of the complainant. Hence, we have not found any deficiency on the part of the OPs as such the complaint is dismissed. Accordingly, we proceed to pass the following:

ORDER

The complaint is dismissed without cost.

Furnish the copy of order to the complainant and opposite parties at free of cost.

          (Dictated to the Stenographer, got it transcribed, corrected and then pronounced in the Open Commission on this the 11^th day of February, 2022).

LADY MEMBER                                         PRESIDENT (I/c)