KANISETTY LAKSHMI DEVI PEAPULLY MANDAL, KURNOOL DISTRICT Vs. SECRETARY, PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY

JUDGEMENT

(1.) This is an appeal filed by the unsuccessful complainant assailing the order of the District Forum which dismissed her complaint solely on the ground of limitation.

(2.) The facts that led to filing this appeal are briefly as follows:

(3.) The complainant is the wife of late Kamisetty Rangaswamy. On 28-11-2000, the said Rangaswamy met with an accident in which he was electrocuted. Soon he succumbed to the said injury in the accident while he was being taken to the hospital. The police registered a crime under Section 174 Cr.P.C. on 29-11-2000. Later the case was closed. It seems during his life time the said Rangaswamy being a member of opposite party No.1 society borrowed a loan and in that connection he also paid an amount of Rs.21/- as premium for accidental death benefit insurance policy. The risk was covered for the year 2000-2001. It is opposite party no.2 that issued the said policy. Thus the said policy was in force by the date of his death. Immediately after the accident, the complainant claimed to have informed about the death of her husband to opposite party No.2 through opposite party No.1 by telegram and later submitted all the documents along with the claim form. It seems later the complainant approached opposite party No.2 several times for the release of the insurance benefits. Ultimately vexed by the attitude of opposite party No.2 she finally got issued legal notice on 27-7-2005 demanding the insurance amount owing to the death of her husband. But the opposite party no.2 did not give any reply or settle the claim even after receiving the said notice. As such the complainant approached the Forum seeking justice as being a victim of deficiency in service on the part of opposite party No.2. She claimed not only the insurance amount of Rs.1,00,000/- with interest at 12% p.a. but also compensation of Rs.15,000/- and Rs.3,000/- towards costs.