Mr. Justice S.K.M. Lodha, President—The complainant is a widow of Shri Bhagwan Swaroop Bangad and opposite parties No. 2 to 6 are her sons and daughters, residents of Madanganj-Kishangarh. The deceased Shri Bhagwan Swaroop Bangad got himself insured against personal accident risk in the sum of Rs. 1,00,000/- and paid the premium to opposite party No. 1 (which will hereinafter for the sake of brevity, be referred to as ‘the insurer’). The period of insurance is 27.7.87 to 26.7.88. Interim Protection Note 690002 dated 27.7.87 was issued. Its photostat copy has been filed by the complainant marked as Anx. I. There is no dispute that the entire premium has been paid. Shri Bhagwan Swaroop Bangad along with four others and driver were returning in ambassador Car No. RST 7148 from Vrindavan to Kishangarh on 29.7.87 at 8.30 p.m. The car met with an accident as truck RRG 5925 was coming with fast speed from the front. Shri Bhagwan Swaroop Bangad alongwith other co-passengers and the driver suffered serious injuries on account of the accident. Shri Bhagwan Swaroop Bangad was admitted in the S.M.S. Hospital, Jaipur and succumbed to the injuries on 2.8.87. The complainant informed the insurer and as required on 1.2.88; she sent the Post-mortem Report, First Information Report etc. Personal accident claim form was filed and sent to the insurer. The insurer vide letter No. 352703/Dawa/90 informed the complainant that the claim for Rs. 1,00,000/- has been accepted and that the amount will be paid to the legal heirs after the production of the succession certificate. A photostat copy of that letter has been filed by the complainant marked as Anx.-2. The complainant has averred that the insurer failed to perform its services properly by not making payment to her as she was entitled to the amount. She filed the complaint on 2.5.90 praying that the insurer may be directed to make payment of the sanctioned amount of Rs. 1,00,000/- together with interest @ 18% from 8.12.87. It may be stated here that opposite parties no. 2 to 4 are the sons and 5 and 6 are the daughters of late Shri Bhagwan Swaroop Bangad. They have been impleaded as proforma parties. The complainant filed the affidavits of opposite parties no. 2 to 6 on 17.9.90. In these affidavits, they have deposed that the complainant is entitled to .the insurance amount and they have no objection to it. It has also been stated in those affidavits that they do not claim any share in the sanctioned amount of Rs. 1,00,000/-. The opposite party insurer filed the version of the case on 15.9.90. A preliminary objection was raised that the insurer has accepted the claim of Rs. 1,00,000/- and conveyed to the complainant that on production of the succession certificate amount will be paid to the legal heirs of Shri Bhagwan Swaroop Bangad and therefore, there is no deficiency in service so far as the insurer is concerned. It was submitted that no relief can be granted to the complainant under Sec. 14 of the Consumer Protection Act, 1988 ("the Act" herein). On merits, it was submitted that though in the interim protection note, the complainant has been shown as legal representative (LR) but this does not mean that besides the complainant, there are no legal representatives and if there are other legal representatives then as per the insurance contract, they are also entitled to get the insurance amount. In support of that, it was submitted that opposite-parties No. 2 to 6 (proforma parties) are the legal representatives. In support of the version of the case, an affidavit of Shri S.K. Dadhwal who is Sr. Divisional Manager, was filed. Parties did not produce any evidence.

2. We heard Mr. Rajesh Jain, Advocate, for the complainant and Mr. Sanjeev Arora, Advocate for the opposite party-insurer and considered the complaint, the version of the case and two documents filed by the complainant and the affidavit of Shri S.K. Dadhwal in support of the version of the case. Interim Protection Note No. 690002 da