GOLDEN TRUST FINANCIAL SERVICES Vs. MADHURI SINGH

JUDGEMENT

(1.) O. P. is the appellant which has preferred the appeal against the order dated 24.3.2005 passed by the District Forum, Motihari in Complaint Case No.151/2004.

(2.) The brief fact of the case is that complainant's husband through O. P. No.4 got himself insured with O. P. No.6 for Rs. five lacs. The details of which is mentioned in the impugned order. The policy was accidental benefit and it was to mature on 22.10.2017. The date of policy was 23.10.2002. It is alleged that on 28.2.2002 the complainant's husband was murdered. The complainant due to shock went into depression and was under treatment for which medical certificate was produced along with the complaint petition. The complainant made claim of the policy of her husband. O. P. No.4 which was instrumental as an agent of O. P. No.6 in getting her husband insurance did not cooperate with the complainant nor help in the settlement of the claim. Thereafter the complaint was filed before the District Forum.

(3.) Before the District Forum O. P. Nos.1 to 3 filed show cause stating that the complaint was not maintainable. The policy was issued by O. P. Nos.5 and 6 and they are liable to pay the claim of the complainant. O. P. Nos.4 to 6 who were also opposite parties were sent registered notice but they did not appear and hence the District Forum heard the complaint ex parte against them. The District Forum held that O. P. Nos.4 to 6 are liable to pay the amount of premium and accordingly directed that they must pay the complainant the amount as claimed for. The District Forum further directed the O. P. No.4 which is the appellant before the State Commission to pay Rs.1,000 as compensation for deficiency in service as it should have helped the complainant being an agent in settlement of the claim. No appeal has been preferred on behalf of the Insurance Company-O. P. Nos.5 and 6.