N. MADHU Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) UNSUCCESSFUL complainant is appellant.

(2.) THE case of the complainant in brief is that her husband late Guravaiah had opened Abhaya Gold Account with R2 Andhra Bank whereunder the account holder is covered by the insurance policy with R1 and in case of death by accident, the nominee is entitled to a sum of Rs. 1 lakh. While so, her husband met with accident on 12.4.2003 at about 10.00 p.m. while coming in an auto and sustained injuries. On report, the police registered a case. He died on 13.4.2003. Since she could not know that her husband had opened Abhaya Gold account, she could not prefer the claim immediately, and after coming to know of it, she made the claim with all necessary documents, however, the same was repudiated by R1 solely on the ground that the claim was not made within 90 days. Therefore, she claimed Rs. 1 lakh with interest @ 18% p.a., together with compensation of Rs. 25,000 and costs of Rs. 3,000.

(3.) R 1 resisted the case, putting the complainant to prove that she is the wife of the deceased and that he died in an accident. R2 bank sent a letter on 27.11.2003 intimating the death of the deceased on 13.4.2003 claiming the amount covered under the policy. Since the claim was made not within 90 days the same was repudiated. The Distt. Forum had no jurisdiction. There was no deficiency in service on its part. No Succession Certificate was filed and therefore it prayed for dismissal of the complaint with costs.