M.KISMATH BEGUM Vs. BRANCH MANAGER

JUDGEMENT

(1.) This Writ Petition is filed for issuing a Writ of Mandamus to direct the respondent to grant the accident benefits for the Policy No. 7426000323, dated 15. 12. 2003 to the petitioner by considering the petitioner's representation, dated 04. 02. 2013 within the time period stipulated by this Court.

(2.) The brief facts that are necessary for the disposal of this Writ Petition are as follows:

(3.) The petitioner is the widow of Late. Mohammed Salim. While the petitioner's son was in service in Electricity Board, he has taken a life insurance policy in 2003. Though the policy itself was taken on 15. 12. 2003, it is unfortunate to note that the petitioner's son met with a fire accident on 24. 04. 2004 and subsequently, died on 01. 05. 2004. Stating that the premium for the policy was not paid beyond two months, the second respondent did not pay the assured amount as per the policy. Therefore, the petitioner has filed a consumer case in C. C. No. 48 of 2005 on the file of the Sivagangai District Consumer Disputes Redressal Forum against the Electricity Board, the employer and the respondent. Though the Consumer Forum dismissed the petition, the petitioner preferred an appeal in F. A. No. 299 of 2010 before the Tamil Nadu State Consumer Disputes Redressal Commission. The petitioner's appeal was allowed and the respondent was directed to pay a sum of Rs. 1,00,000/- towards the insurance claim, after deducting the premium dues payable by the petitioner's son. The respondent has also paid the amount as per the award of State Commission through a cheque, dated 28. 04. 2012.