BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.

F.A.No. 61 OF 2020 AGAINST ORDERS IN C.C.60/2017 DISTRICT CONSUMER COMMISSION, ADILABAD Between:

Shriram Life Insurance Co., Ltd., Rep. by its Branch Manager, Br.Office, 5th Floor, Plot No.31 & 32, Ramky Selenium, Financial District, Gachibowli-500 032.

………..Appellant/ Opposite Party And:

Lagishetti Prashanthi, W/o Ashok Kumar, Age : 29 years, Occ.: Household, R/o H.No.3-321/1, Gudipet R/M, Dist. Mancherial.

………Respondent /Complainant Counsel for the Appellant/Opposite Party : M/s. KRR Associates Counsel for the Respondent/Complainant : Called absent QUORUM :

HON’BLE SMT. MEENA RAMANATHAN, I/c PRESIDENT &

HON’BLE SRI. V.V.SESHUBABU, MEMBER – (JUDICIAL)

TUESDAY, THE 20^th DAY OF MAY TWO THOUSAND TWENTY FIVE **********

Order : PER HON’BLE SMT. MEENA RAMANATHAN, I/c PRESIDENT 1. The appeal is filed u/s 15 of Consumer Protection Act, 1986 by the Opposite Party, aggrieved by the order of District Consumer Commission, Adilabad, dated 13.12.2019 in CC 60/2017 and prays this Commission to allow the appeal by setting aside the impugned order and may be pleased to pass such other order or orders which may deem fit and proper in the circumstances of the case.

2. The brief averments of the complaint are that the complainant’s husband i.e. Late Lagishetti Ashok Kumar, during his life time obtained Life Insurance Policy from the opposite party for an amount of Rs.1,00,000/- by insuring his life on 06.02.2015 vide policy No.NP071500079387, valid from 06.02.2015 to 06.02.2016 and paid the premiums regularly; that the said policy covers double benefits in accidental death. On 25.10.2016 at 06:30 the complainant’s husband met with an accident, which resulted spot dead and the Police of PS Luxettipet, registered the case in Cr.No.157/2015 for the offence under Sec.304A IPC.

3. The complainant further submits that being a nominee for the said policy, she informed the opposite party and submitted required documents to claim the accidental death benefits, but the opposite party paid only Rs.1,06,800/- including bonus, they have not paid the double on the assured amount i.e. Rs.2,00,000/- as per the terms and norms of the policy. The opposite party is intentionally avoiding to pay the remaining balance amount; so there is a deficiency of service on the part of the opposite party;

hence the complaint.

4. The opposite party filed the written version stating that the complaint is not maintainable either on facts or under law. The husband of the complainant i.e. Sri Ashok Kumar, during his life time had applied for a Life Insurance Policy by submitting the proposal form and by depositing amount vide Policy No.NP071500079387 under the plan “Shriram New Shri Vidya” starting from 06.02.2015 for a term of 15 years, sum assured is Rs.1,00,000/- with renewal premium of Rs.9,530/-. When the complainant informed about the death of her husband (i.e. policy holder), the opposite party has investigated and found that in the Charge Sheet of the Policy, due to the rash and negligent driving the complainant’s husband died. The opposite party has accepted the death claim and paid Rs.1,06,800/- including bonus to the complainant vide nominee’s/complainant’s Bank Account, bearing No.036310100114744, dated 28.01.2016 towards full and final settlement of the claim. They informed the complainant that monthly income benefit of Rs.1,000/- would be paid commencing from December 2015 to January 2030 regularly and guaranteed sum assured of Rs.1,00,000/- will be payable at the end of the policy terms as per the terms and conditions of the policy.

5. It is further stated that the as per the terms and conditions of the policy, the Rider benefits are payable only if the death was as per the following condition:-

Accident Rider :-

“Accidental death is the death due to an accident which is sudden unforeseen and involuntary event caused by external and visible means. Accidental injuries, solely directly and independently of