NEW INDIA ASSURANCE CO.LTD. Vs. YADVALLI GANGADEVI

JUDGEMENT

(1.) THE unsuccessful third opposite party in O.P. No. 318/1995 on the file of the District Consumer Forum, East Godavari at Kakinada, is the appellant before this Commission.

(2.) THE facts in brief are, the opposite party Nos. 1 and 2 have a tie -up with the third opposite party. The deceased Gopal, the brother of the complainant, obtained an Endowment Policy bearing No. 09846921/910, dated 15.2.1993 on an yearly premium of Rs. 3,600/ - through opposite party Nos. 1 and 2. The complainant is the nominee under the policy. Opposite party Nos. 1 and 2 have a tie -up with the third opposite party Insurance Company covering the risk of the policy holder in the event of death. The said Gopal went to Morbi in Gujarat State on a business trip and was accidentally drowned in a swimming pool and died there on 29.7.1993. The death was intimated to the second opposite party and on his request the death certificate, post -mortem certificate, inquest panchanama copies were sent for settlement of the claim and the third opposite party through its letter dated 25.8.1994 requested the complainant to send the FIR and the final investigation report. All the records supplied by the police were sent to the opposite parties. The third opposite party sent a repudiation letter without assigning any reason. The complainant, thereupon, approached the District Forum.

(3.) THE first opposite party filed its written version admitting the issuance of Endowment Certificate and its tie -up with the third opposite party and pleaded that it is for the third opposite party to settle the claim and there is no deficiency in service on its part. The second opposite party filed a memo adopting the counter of first opposite party.