SHIKHA BHATIA Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) Complainant is widow of Mr. Deepak Bhatia who died in a car accident on 24.1.1996. He was holder of Citi Bank Diners Club Card issued by O. P. No.3/citi Bank. As per this Card insurance cover of Rs.5 lacs against accident was covered. Insurance cover was issued by O. P. Nos.1 and 2. Complainant filed a claim against insurance cover on 22.4.1996. Besides other documents, legal heirship certificate on the format provided by O. P. No.3/citi Bank duly notarised on Rs.10 non-judicial stamp paper was also submitted. O. P. No.2 raised piecemeal objections and by one of their communications dated 27th March, 1996 the O. P. No.2 laid down unconstitutional condition that all the documents in vernacular be submitted in English signed by the translator and attested by a Notary Public. Hindi version of the FIR was also submitted. Heirship certificate from the Sub-Divisional Magistrate was also submitted to O. P. No.2 but it rejected the same second time and directed the complainant to reproduce the same on standard format. Ultimately, the legal advisor of O. P. No.2 Mr. S. K. Paul agreed to accept the legal heirship certificate. His opinion in this regard was as under: "i have perused document No.1 i. e. , affidait-cum-consent of certificate of legal heirship executed on a non-judicial stamp paper of Rs.10. Please note that this affidavit should be acceptable to the New India Assurance Co. Ltd. provided the same is duly attested by a Notary Public. "

(2.) However, O. P. No.2 passed the claim of Rs.2,00,000 and not Rs.5,00,000. Feeling aggrieved the complainant has filed this complaint seeking the difference of insurance amount, amounting to Rs.3,00,000 and interest of Rs.1,70,000 and compensation of Rs.3,00,000 against mental torture and Rs.10,000 against cost.

(3.) As is apparent from the aforesaid facts, O. P. No.3 took the plea that it has no role to play as the matter pertained to claim of insurance benefit and bank was not responsible for any warranty or quality, delivery of the cover or claims processing whatsoever.