State Consumer Disputes Redressal Commission
Bajaj Allianz Life Insurance Co. Ltd., vs Ningamma on 23 March, 2023
1
Appeal No.3068/2016
Date of filing: 22.11.2016
Date of disposal: 23.03.2023
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED: 23.03.2023
PRESENT
HON'BLE Mr. JUSTICE HULUVADI G. RAMESH : PRESIDENT
Mr.K.B SANGANNANAVAR : JUDICIAL MEMBER
Mrs. DIVYASHREE M : LADY MEMBER
APPEAL NO.3068/2016
The Branch Manager,
Bajaj Allianz Life Insurance
Company Ltd.,
1st Floor, Mythri Arcade,
Near Saraswathi Theatre,
Kantharaj Urs Road,
Saraswathipuram,
Mysore - 560 009.
Represented by its South Zonal
Legal Manager.
2) The Branch Manager,
Bajaj Allianz Life Insurance Company
Ltd.,
Opposite Mahaveer Theatre,
Madduru Town,
Mandya District.
Represented by its South Zonal
Legal Manager. .....Appellant/s
(Advocate - Sri.J.R Jagadish)
2
Appeal No.3068/2016
V/s
Smt.Ningamma,
W/o Girigowda,
D/o Mollegowda,
Aged about 52 years,
Chandupura Village,
Madduru Taluk - 571422,
Mandya District. .....Respondent/s
(Advocate - Sri.Mahesh D)
ORDER
HON'BLE Mr. JUSTICE HULUVADI G. RAMESH, PRESIDENT This is an Appeal filed U/s.15 of C.P Act, 1986 by the OPs in C.C No.347/2014 on the file of District Consumer Disputes Redressal Forum, Mandya aggrieved by the order dated 29.09.2016.
2. The Commission heard the arguments. We perused the impugned order and also examined grounds of Appeal.
3. The District Commission after enquiring into the matter allowed the complaint in part and directed OPs.1 & 2 jointly and severally to pay insurance claim amount of Rs.4,94,101/- or Rs.5,00,000/- to the complainant. Further OPs shall pay Rs.5,000/- towards mental agony and Rs.2,000/- towards litigation 3 Appeal No.3068/2016 cost. If OPs fails to pay the same it carries interest @ 9% p.a from the date of order till realization, which is impugned by the OPs in this Appeal.
4. It is not in dispute that mother of complainant during her life time obtained life insurance policy from OPs on 17.07.2010 vide policy bearing No.0180486936 with sum assured amount of Rs.5,00,000/- by paying premium of Rs.50,000/- per year and complainant being nominee to the said policy. On 08.10.2011, the complainant's mother expired. After the death of her mother, complainant being the nominee to the Insurance Policy she submitted a claim form along with documents to the OPs but OPs repudiated the claim of complainant.
5. The stand taken by OPs that insured while obtaining insurance policy submitted a fake documents of age proof i.e., cumulative record showing her date of birth is 03.07.1966. Whereas in the voter list age of the insured reveals as 70 years. Hence, OPs repudiated the claim of the complainant.
6. It appears that insured has obtained life insurance policy by misrepresenting the age factor in the proposal form for obtaining the benefit of the policy. However, the District Commission made an observation in para-12 of the impugned order that, when there is no authenticated document produced by the OPs to declare the date of birth/age, though complainant's mother has submitted 4 Appeal No.3068/2016 cumulative record to show her age for obtaining the insurance policy which clearly discloses the correct age of the insured. Thus to disprove the same, the OPs have not produced any substantiate material to prove that age of the insured is incorrect. OP stating that voter card is the base for declaring the age of the insured but it is only to declare the resident's of address. Thus in view of the observation made above the impugned order requires to be modified in the following terms.
7. Appeal is allowed in part. Consequently order passed in CC No.347/2014 on the file of District Consumer Disputes Redressal Forum, Mandya is hereby modified with a direction to OPs to pay Rs.5,00,000/- along with litigation cost of Rs.2,000/- to the complainant within three months from the date of receipt of this order.
8. The amount in deposit is directed to be transferred to the District Commission for needful.
9. Provide copy of this order to the District Commission as well as parties to the appeal.
LADY MEMBER JUDICIAL MEMBER PRESIDENT vln*