IN THE HON’BLE CONSUMER REDRESSAL COMMISSION,

KADAPA.
CC NO. 65 of 2023
C. Rajeshwari
And 2 others … Complainants
V/s
The Universal Sompo General
Insurance and 1 other … Opposite
parties

WRITTEN ARGUMENTS FILED ON BEHALF OF THE

COMPLAINANTS

1. It is submitted that the above complaint is filled to direct the

Opposite Parties 1 and 2 jointly and severally to pay an amount of
Rs. 5,00,000/- to the complainants towards accidental death benefit
under Y. S. R Bhima Yojana with intrest, cost and compensation for
causing mental agony and deficiency in service.
2. On behalf of the complainants Exhibit A1 to A9 are marked. The
details are as follows: -
Exhibit A1: Report of Post-Mortem examination of late
C. Rajamma dated 29.04.2022 issued by RIMS
Kadapa.
Exhibit A2: Final investigation report issued by Sub-Inspector
of
Police, Pendlimarri mandal police station, to the
Tahsildar and mandal Executive Magistrate,
Pendlimarri mandal.
 Exhibit A3: Aadhar Card of the deceased C. Rajamma.
Exhibit A4: Family members certificate of C. Rajamma dated
11.05.2022 issued by Tahsildar Pendlimarri mandal.
Exhibit A5: Newspaper article dated 29.04.2022.
Exhibit A6: Death certificate of the deceased C. Rajamma
dated
04.08.2022, issued by Registrar of birth and death.
Exhibit A7: Office copy of legal notice dated 24.07.2023 issued
by complainant Counsel for complainant.
Exhibit A8: Postal acknowledgements Opposite party No.1.
Exhibit A9: Office copy of reply notice dated 22.08.2023
issued
by Opposite party No. 1 to counsel.
2. No exhibits were marked on behalf of the Opposite party No. 1,
who is contesting the matter. The Opposite party No. 2 remined
absent.

3. The main tracks of the case of the complaint is that the deceased
Chilkempalli Rajamma has been enrolled under the scheme of Y. S.
R Bhima Yojana introduced by the then Government of AP covering
the period from 01.07.2021 to 30.06.2022. according to the terms
and conditions of the policy, in the event of natural death of the
enrolled person and Rs. 5,00,000/- for accidental death or for
permanent disability. While so on28.04.2022 at 8.00 Am while the
deceased working in the agricultural fields located in Diguva Tuvva
palli, Pendlimarri mandal. Unfortunately, a venomous snake
suddenly bit her on the left hand, immediately the same was
informed to her son C. Prathap Reddy (Complainant No.2) who
rushed to the village immediately and shifted her to RIMS Hospital
Kadapa in a private car, and got her admitted for medical treatment.
While undergoing the treatment, she unfortunately succumbed to
the snake bite. Basing on the complaint given by 2 nd complainant. A
case was registered in Crime No. 56/2022 of Pendlimarri mandal
police station under section 174 of CrPC (death due to snake bite).
Inquest was conducted by the elders who prepared the inquest
report. Post-Mortem examination was done in the RIMS hospital
Kadapa, the concerned doctor opined that, the death of the
deceased was caused due to snake bite. The Sub-Inspector of
police Pendlimarri mandalam police station filled the final
investigation report before the Tahsildar cum the Mandal Executive
Magistrate, pendlimarri, to that the care “To drop further action”.
Consequently, as per the scheme of Y. S. R Bhima Yojana the
complainants being Legal Heirs of the deceased are entitled for
compensation of Rs. 5,00,000/-. Accordingly, a claim was made for
the death benefit of Rs. 5,00,000/-. To the surprise of complainants,
the claim was rejected on the ground, that the deceased was died
for self-inflicting injury. Against the reputation of claim gave legal
notice dated 24.07.2023 and same was sent to Opposite party
No.1. the opposite party No.1 gave a reply dated 22.08.2023, by
sticking on the reputation of claim. Hence the complaint. The
Opposite No. 1 is mainly contending that the insurance company is
not liable to pay any claim to the beneficiary as the deceased died
on self-inflicting injury and that as per the clause of Memorandum of
Understanding no claim is payable.
4. Now, the points for consideration, whether the deceased dies of
snake bite, and whether any deficiency in service on part of the
Opposite party No. 1. On reputations the claim of complainants on
the ground that the deceased died of self-inflicting injury.

5. It is submitted that as reagrarding to the scheme of Y. S. R Bhima

Yojana for providing insurance cover to the primary bread earners
of “Below Poverty Line” families in the state of AP and the coverage
in respect of the deceased Chilekampalli Rajamma, there is no
dispute. There is equally no dispute with regard to classification of
claim amount in event of natural death at Rs. 1,00,000 and
accidental death at Rs. 5,00,000/-. The entire dispute revolves
around the nature of death of the deceased C. Rajamma as there is
no quarrel about the death of the deceased.

6. It is submitted that the complainant filed ExA2, which based out

the fact that a case on Crime No. 56/2021 of Pendlimarri mandal
police station under Section 174 of CrPC (death due to snake bite)
has been registered, basing on the complaint given by (1) C.
Prathap Reddy(complainant No.2) and the matter was duely
investigated by the concern Police where that Investigation Officer
examined LW’s 1 to 5, and inspected the scene of offence, and also
conducted inquest over dead body of the deceased, and got done
Post-Mortem on the deceased. The Investigation Officer gave
finding that on 28.04.2022 at around 8.00 AM, the deceased went
into the crop for pouring the water and in the meanwhile a snake bit
her on the left hand, immediately she returned to home and
informed the same to her relative Siddha Reddy, who in turn
informed to her son and that she was shifted to RIMS Kadapa in a
car, and got admitted there unfortunately she succumbed to the
snake bite. Dr. M. Sreenivasa Nayak, Prof, and Head of the
Department of Forensics conducted autopsy over the dead body of
the deceased, and issued final opinion that death of the deceased
caused due to the snake bite. Ex A1 filed by the complainant
confirms the fact of conducting Post-Mortem examination on the
deceased, and findings there of issued by the Medical Officer. The
same fact is published in local daily Telugu newspaper filed, and
marked as ExA5. Thus, the complainant placed overwhelming
evidence before the Hon’ble Consumer Redressal Forum to prove
that the deceased C. Rajamma died of snake bite. On the other
hand, the Opposite party No.1 did not deny the contents of ExA2
and ExA1. Except merely contending that the deceased died of self-
inflicting injury, there is no materials filed by the Opposite party No.
1 in support of their vision.

7. In this context, the Hon’ble State Consumer Redressal Forum

Commission, Uttarakhand. In first Appeal No. 36 of 2009 observed
that the insurance company has not denied the factum of death of
the deceased, and has not produced any evidence / material on
record which could have, in any way, established that the deceased
did not die on account of snake biting. The death of the deceased
due to snake bite is fully proved by the evidence on record, and the
District Forum was perfectly justified in directing the insurance
company to pay the insured amount under the policy. In another
citation of “Hon’ble state Consumer Redressal Forum Commission,
Uttar Pradesh.” In “Appeal No. 2474 of 2003” the Hon’ble
Commission observed that the death due to snake bite falls within
purview of accidental death. The observations of the Hon’ble State
Commission are squarely applicable to facts of the present case.
Consequently, the reputation genuine claim of complainant by
Opposite party No. 1 amount to deficiency in service, coupled with
unfair trade practise for which the complainant has been suffering
mentally, financially and physically agony. Consequently, the
complainants are entitled for the claim amount as prayed for.

7. It is, therefore, prayed that the Hon’ble Consumer Redressal

Forum may be pleased to pass an order in favour of the
complainant against Opposite party No.1 and 2 for jointly and
several liability as prayed for in the interest of justice.

Advocate for the complainants