State Consumer Disputes Redressal Commission
Smti. Geeta Nath Sarma vs The Branch Manager,Life Insurance ... on 7 August, 2008
JudgmentTripura2008-08-07 STATE CONSUMER DISPUTES REDRESSAL COMMISSION TRIPURA. APPEAL NO.F.A-8 OF 2008. Smti. Geeta Nath Sarma, W/O-Lt.Dilip Nath Sarma, C/O-Dipnrayan Bhowmik, Dhaleswar Ashram Chowmohani, P.S-East Agartala Dist.-West Tripura. Appellant. Vs The Branch Manager, Life Insurance Corporation of India, Agartala Branch Office-1, Paradise Chowmuhani, Agaratala,Tripura West. Respondent. PRESENT : THE HONBLE MR.JUSTICE AB.PAL, PRESIDENT,STATE COMMISSION. MRS.G.SARKAR,MEMBER, STATE COMMISSION. MR.B.K.SHARMA,IAS(Retd),MEMBER, STATE COMMISSION. For the Appellant : Mr.A.Sengupta,Advocate. For the Respondent : Mr.P.K.Debnath,Advocate. Date of Hearing/Judgment : 07-08-2008. J U D G M E N T (ORAL)
JUSTICE A.B.PAL, PRESIDENT, We have heard Mr.A.Sengupta,learned counsel for the appellant and Mr.P.K.Debnath,learned counsel for the respondent.
This period is directed by this judgment dated 13-8-2007 passed by the Learned District Forum, West Tripura, Agartala in CPA-62 of 2002 where by the appellant has been awarded only Rs. 8,031/- against her claim of Rs.5, 00,000/- being the benefits of the insurance policy taken by her Lt. husband Dilip Nath Sarma for Rs.1, 25,000/- from the Life Insurance Corporation of India Ltd. (LICI Ltd), the respondent herein. The short facts giving rise to the claim may be briefly noted first. The policy taken by Dilip Nath Sarma, the husband of the complainant Geeta Nath Sarma for an assured amount of Rs.1, 28,000/- was for the period from 18-12-1994 to 18-12-2014. The admitted fact is that on 30-9-1995 at about 14-3- hours Dilip Nath Sarma was abducted by a group of extremists from near Bachaibarimarket, Khowai, West Tripura. The Khowai Police station registered case No-084/95 under section365 of the I.P.O. and 27 Arm Act. In connection with the said abduction. Ultimately, the Dilip Nath Sarma could not be rescued from the captivity of the extremists. By a letter dated 3-3-2001 the Superintendent of Police (DIB) informed the appellant that her husband had either been killed or expired in the captivity of the extremists. On 16-4-2001 the S.D.O., Khowai issued a survival certificate to the effect that Dilip Nath Sarma, died or killed at the end of the extremists was survived by Smt. Geeta Nath Sarma (wife) and Sri Debraj Nath Sarma (son) . The content of the survival certificate shows that this special certificate prescribed for cases of abduction and murder. Thereafter, the appellant approached the insurer respondent for payment of the assured amount of Rs.1, 25,000/- and other benefits relating thereto. The insurer, however, dismissed the claim on the ground that the policy was not inforced and the claim was not for non-payment of premium and suppressed of material facts relating to alleged death of the insured. The insurer, however, decided to consider the claim as ex-gratia claim for payment of paid up amount only. Aggrieved the appellant approached the District Forum. After the full dress trial the Learned District Forum dismissed the claim by awarding only Rs. 6031/- as paid up value and Rs.2000/- as cost. dis-satisfied with the judgment and award the present appeal has been preferred.