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2025 Supreme(Online)(SCDRC) 544
STATE CONSUMER DISPUTES REDRESSAL COMMISSION
AJEYA MATILAL, NITYASUNDAR TRIVEDI, JJ
Anjali Mondal – Appellant
Versus
Bajaj Allianz General Insurance Co. Ltd. – Respondent
FIRST APPEAL NO. SC/19/A/201/2023
For the Appellants/Petitioners: Debasis Bhandari, Kushal Das
For the Respondents: F. Ali
A variance in the nominee’s name does not preclude a valid insurance claim.
Headnote:The judgment considers the grievance of the appellant against the dismissal of the complaint related to an insurance claim, emphasizing the proper identification of the nominee. The Court finds that the difference in the nominee's name, as stated in the documents, does not invalidate the policy. Issues surrounding the claim’s repudiation are analyzed, leading to the Court’s determination that the appeal should be allowed, setting aside the previous order and directing compensation to be paid. The final order includes clear directives regarding payment and interest in case of delays.
ORDER
HON'BLE SRI AJEYA MATILAL, JUDICIAL MEMBER Both sides are present through their respective Ld. Counsels.
Today is fixed for final hearing of the Appeal.
Appeal is taken up for hearing.
Being aggrieved by and dissatisfied with the Judgment dated 03.05.2023 passed by the Ld. DCDRC, Kolkata Unit—II in Complaint Case No. CC/225/2019 dismissing the complaint case on contest against the OPs, Appellant/Complainant preferred this Appeal.
Ld. Counsel for the Appellant referred to Page No. 23 of the complaint petition where the nominee, Complainant’s mother, is mentioned as ANJLI MONDAL. Our attention was drawn to Page No. 27 of Post Mortem report wherefrom it appears that the name of the deceased is Biswajit Mondal and a copy of this Post Mortem Report was sent to mother, ANJALI MONDAL. Running Page No. 28 is the death certificate of the Late Biswajit Mondal. It appears from Page No. 16 that the Insurance Company issued a letter to ANJALI MONDAL for providing PAN Card/Form—16 of the ANJALI MONDAL, attested death certificate of the Late Biswajit Mondal, attested copy of FIR and attested certified copy of Post Mortem report and attested filled NEFT form stating branch of MICR, branch IFSC Code account type, Account Number duly signed by nominee, ANJALI MONDAL.
Ld. Counsel for the Respondent opposed the same by submitting that they mentioned the name of the incumbent as ANJLI MONDAL on the basis of the document furnished by the Complainant. But when all related documents spell the mother’s name as ANJALI (6 letters), mention of the nominee as ANJLI (5 letters) in the policy, which is of paramount importance arises out of the mistake of Insurance Company. Be that what it may, this trifle difference cannot be a valid ground for repudiating a valid claim.
Considering the factual scenario of the case along with the documents discussed above, the impugned Order cannot be sustained.
Accordingly, the Appeal is allowed. The impugned Order is set aside.
The Respondent Nos. 1 and 2 are jointly and severally directed to pay the Policy amount of Rs. 3,00,000/- and compensation of Rs. 1,00,000/- as mental agony, lingering harassment and prolonged procrastination and litigation cost of Rs. 10,000/- within a period of sixty days i.d. the Appellants are at liberty to go for execution as per Rules.
If the Respondents does not to pay the amount within the stipulated period it shall carry interest @ 8% p.a. from the date repudiation of the claim on this filmsy ground till its actual payment.
The Appeal being no. A/201/2023 stands disposed of.
