NEW INDIA ASSURANCE COMPANY LIMITED Vs. SUKUMARI MONDAL

JUDGEMENT

(1.) THIS appeal was filed challenging order dated 13.12.2007 by District Consumer Disputes Redressal Forum, Kolkata Unit -II in Case No.446/2006 where by the complaint was allowed and O.P. 1 was directed to pay Rs. 1 lac to the complainant under Group Janata Personal Accident Insurance Policy and O.P. 1 was to pay to the complainant interest @ 8% p.a. on Rs.1 lac from 13.12.2006 being the date of filing of the complaint in the Forum till the date of final payment. Facts available from the complaint are that Amiya Mondal, son of the complainant made a JPAIP dated 15.11.2000 valid till 14.11.2015 covering accidental death, etc. for a total of sum of Rs. 1 lac. The complainant is the mother of the said insured. On 21.1.2005 insured met with a road accident at Rathtala under Belghoria Police Station and, thereafter died on 29.1.2005. As nominee of the deceased insured the complainant submitted claim along with requisite documents. As claim was not settled the complaint was filed before the Forum below.

(2.) THE learned Advocate for the appellant contended that after the Group Insurance Policy was issued the matter was reviewed by the General Insurance Corporation and upon such review the memorandum of understanding entered into between the Insurance Company and the Golden Trust Financial Services was cancelled on 7.5.1999. Such cancellation was challenged before a Writ Court whereupon an order was passed on 6.7.1999 stating the cancellation of the memorandum of understanding restricting Golden Trust Financial Services from collecting premium from the category 'Friends'.

(3.) ON behalf of the appellant it is contended that in the above circumstances it was required to ascertain as to the status of the deceased for knowing whether he belongs to category 'Friends'. In spite of communications as the said information was not given the claim could not be settled and there was no deficiency in service on the part of the Insurer in the above circumstances.