NEW INDIA ASSURANCE CO LTD Vs. G PORSELVI

JUDGEMENT

(1.) THE complainant's father and mother met with a road accident on 23.1.1994. While the father of the complainant died on the spot, the mother died subsequently on 4.2.1994. They were both covered by "Cancomfort" personal accident insurance scheme. On their death, their heirs namely son and daughters made a claim. The opposite party has been seeking needless clarification. Therefore, alleging deficiency and loss of interest, the complaints were filed.

(2.) FROM the version, we find that the opposite party admit that the deceased Gunalan and Mohana had the necessary insurance cover and that the legal representative of the deceased are entitled to the amount. But what they say is that there was no response to the letter of the opposite party dated 23.5.1996 and that the complainants failed to produce succession certificate and, therefore, it was that the claim could not be processed and payment made.

(3.) THE death of the father took place on 23.1.1994 and the mother on 4.2.1994. The claim was made on 28.1.1994 and the opposite party by their letter dated 31.1.1994 have requested the complainant to furnish F.I.R., Death Certificate, Police Inquest Report/Panchnama, Post Mortem Report, Legal Heir/Succession Certificate, Medical Certificate - Proof of Disability and any other relevant documents. Admittedly, they produced the F.I.R., Death Certificate, Police Inquest Report and Post Mortem Report. They did not produce the Succession Certificate, of course they could have produced the legal heirship certificate. They did not do. But, since the opposite party was insisting, they approached the Srivilliputhur Court and sought for succession certificate which was also granted.