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Judgment
HEARD the complainant in person. HEARD learned Lawyer for the opposite party.
THE complainant is the nominee of a insurance policy taken out in the name of his wife Smt. Sankari Basu on 28.3.1981. THE wife of the complainant died on 14th September, 1988. Sometime in the month of March, 1990 the complainant preferred the claim with the Insurance Company claiming amount covered by the insurance. After series of correspondence the opposite party demanded one indemnity bond from the claimants and directed the complainant to furnish some other particulars. According to the complainant those information / particulars were furnished but the claim remained unsatisfied. Accordingly the complainant approached the Commission claiming the amount covered by the policy together with interest, cost and compensation for causing mental agony, harassment and hardship. The claim was resisted by the opposite party by raising several objections. After hearing both parties it transpires that the opposite party is prepared to pay a sum of Rs. 1,35,600/- representing the sum assured and bonus, up to the date of death of the wife of the complainant : Learned Counsel for the opposite party submits that because of non-co-operation on the part of the complainant the claim cannot be settled earlier. This fact is however, stoutly denied by the complainant. He submits that an indemnity bond was furnished way back 2.1.1996 and other information/particulars were duly furnished to the Insurance Company. He demands compensation for harassment to him for all these years.
Having considered the submissions of both parties we think that the interest of justice would be properly met if we pass an award for a sum of Rs. 1,35,600/- in favour of the complainant in full and final settlement of his claim. The opposite party is directed to make payment of this amount within a period of two months from this date. In default this amount will carry interest @ 12% from this date till the date of realisation. Besides this the sum of Rs. 1,35,600/- would carry interest @ 12% from 3.12.1996 till this date. With this observation the case is disposed of. Complaint disposed of.