RURAL POSTAL INSURANCE Vs. CHANDRO DEVI

JUDGEMENT

(1.) THIS appeal is directed against the order dated 26.2.2004 passed by District Forum, Panipat, whereby while accepting the complaint filed by the respondent -complainants, the following directions have been given against the appellant -opposite parties: 'It is pertinent to mention here that the total amount of the insurance i.e., Rs. 1 lakh in respect of the policy mentioned above shall also be given interest by the respondent Nos. 1 and 2 together with other benefits thereto and the respondent No. 3 Prinyaka and petitioner Smt. Chandro shall only receive the amount as enumerated above. Rest of the amount, benefits and interest shall be paid by the respondents to the respondent No. 3 Smt. Poonam w/o Ashok Kumar. Amount of Rs. 33,000 as mentioned under Sub -clause 9(ii) in this judgment shall be deposited by the respondent Nos. 1 and 2 themselves in the name of minor in the shape of FDR and shall only be released after attaining her majority. The compliance of this order shall be made by the respondent Nos. 1 and 2 within a period of thirty days from today.'

(2.) IN order to focus the controversy involved in this appeal, few facts need to be noticed. The marriage of Ashok Kumar was solemnised with Poonam -opposite party No. 3. Due to dispute between them, Poonam left the house of her husband and started living with her parents. The complainant had taken the policy No. R -HY -HQ -EA -27609 on 1.5.2002 for Rs. one lac on payment of the monthly instalment of Rs. 335, in which his wife was the nominee. The insured - Ashok Kumar consumed poison and died for which a case bearing F.I.R. No. 52 dated 5.7.2002 under Sections 306/34, IPC was registered with Police Station, Gohana, against Poonam and her parents. Chander Singh and Chandro Devi being parents of the deceased approached the appellant -opposite party No. 2 for payment of the insurance policy, but finding no response from them, they instituted the present complaint wherein they claimed that the assured sum be paid to them. The appellant -opposite party Nos. 1 and 2 did not appear to contest the complaint and were proceeded ex parte. The opposite party Nos. 3 and 4 while controverting the stand of the complainant pleaded that the opposite party No. 3 has not left the house of her husband and rather had gone to the house of her parents with the consent of her husband. Further, according to them, husband of opposite party No. 3 has committed suicide due to his parental tension and brotherhood. It was further maintained by them that after the registration of the report with the policy, the matter has been compromised by both the parties and the opposite party No. 3 being wife and nominee of the deceased and also under the Hindu Succession Act has a right to receive the entire amount. Thus, they prayed that the complaint be dismissed and it be ordered that they are entitled to receive the compensation amount of the insurance policy.

(3.) WE have heard the learned Counsel for the parties at length.