DIVISIONAL MANAGER LIC OF INDIA Vs. Y RATNAMMA

JUDGEMENT

(1.) This appeal has been filed by the Divisional Manager, LIC of India, Divisional Office at Nellore, opposite party No.2 in the original C. D. against the order of the District Forum, Nellore in C. D.48/98, dated 30.6.1999. The original petition in the C. D. was filed by the complainant, Smt. Y. Rathnamma against the Branch Manager (Sr.), LIC, Atmakur and Divisional Manager, LIC of India, Divisional Office, Nellore stating that her husband Y. Chandrayya took a Life Insurance Policy with accident benefit vide Policy No.650532193 for Rs.10,000/- from the appellant. After more than 5 years on 4.5.1996 her husband fell from palm tree and succumbed to injuries and died on the spot. The Village Administrative Officer was informed who after investigation recorded it in the village records. The complainant informed the opposite party immediately with a request to pay Rs.10,000/- alongwith benefits accrued. The first opposite party through its letter dated 31.10.1996 repudiated the claim though the complainant had sent the necessary documents like death certificate issued by Mandal Revenue Officer, Jaladanki, the certificate issued by Village Administrative Officer, Chodavaram and also an affidavit duly notarised by the Sarpanch of the Chodavaram village. Since according to her all the necessary documents were filed rejecting the claim was arbitrary. She, therefore, requested the District Forum to direct the opposite parties to pay the accident benefit of Rs.10,000/- with 24% interest from 4.5.1996, Rs.5,000/- towards mental agony and Rs.1,000/- towards costs.

(2.) In the counter appellant/opposite parties stated that they denied all the allegations, the investigations conducted by Village Administrative Officer was not accepted as it was not conducted under the direction of the District Collector and since there was no eye witness the death was under suspicious circumstances and, therefore, post-mortem report and police inquest reports were necessary to prove that it was an accident, therefore, the complainant could not prove that the death was by accident to the satisfaction of the opposite parties.

(3.) The District Forum observed that since it was not a criminal act no police complaint was filed and on the basis of the certificate given by the Village Officer (Ex. B2) and the certificate given by the Sarpanch of Chodavaram Gram Panchayat attested by several villagers (Ex. B4) the opposite parties paid the basic sum of Rs.10,000/- i. e. policy amount, but denied accident benefit. Hence, District Forum directed the opposite parties to pay Rs.10,000/- to the complainant together with interest @ 12% p. a. from 21.10.1996 till the date of repudiation (Ex. B3) and also awarded costs of Rs.1,000/-.