Date of filing:- 04/12/2020                                                                                                                                                                                                                   Date of Order/Judgement:-19/12/2022.                                         

                     DISTRICT CONSUMER DIPUTES REDRESSAL COMMISSION

B  A  R  G  A  R  H

CONSUMER COMPLAINT  NO. 98 OF  2020

            Phultuli Garia, W/o. Late Prahallad Garia, aged about 36 years, Occupation. Dependant, R/o. village. Haldipali, P.o. Dang, Ps/Tahasil/Dist. Bargarh                                                                                                                                                                                                                         ….      ….     ...                       Complainant.

-: V e r s u s :-

(1)  The Branch Manager, IFFCO TOKIA  General Insurance Co. Ltd, At. Budharaja, Main Road

       Near Railway, Over Bridge, Phatak Budharaja, Sambalpur, Dist. Sambalpur 768004.

(2)  The Manager, IFFCO TOKIO General Insurance Co.Ltd, 1st and 2nd Floor, HIOG 221

       Opposite Pal Hights, BDA Colony, Jayadev Vihar, Bhubaneswar 751013 (Odisha)

(3) The General Manager, IFFCO TOKIO General Insurance Co. Ltd, IFFCO SADAN, C 1 Dist. Centre,

       Sarket NEW DELHI, PIN 110017.                                      …      .....   .....       Opposite Parties.

Counsel for the Parties:-

For the Complainant :-                :- Sri M. K.  Satpathy and  Associate.

For the Opposite Party No.1, 2 and 3 :-     :-  Sri Ashok Kumar Dash.

                                                -: P  R  E  S  E  N  T :-

Smt. Jigeesha Mishra            .....       .....       .....       .....       .....       P r e s i d e n t.

Smt. Anju Agarwal             .....         .....       .....       .....       .....       M e m b e r (W).

Dt.19/12/2022.                                 -: J   U  D   G  E  M  E  N  T:-

Presented by Smt. Anju Agarwal,  Member (w) :-

1. The Case of the Complainant is that for the Dhanuyatra 2019 insurance was made by the IFFCO TOKIO Insurance Company valid for a period 31/12/2019 to 02/10/2020. The Insurance has been done for the safety of people of the locality valid  under the Dhanuyatra Area of Bargarh, the insurance was meant for a sum of insurance  to a tune of  Rs.750000/-(Rupees seven lakh fifty thousand) only per incidence. That the husband of the Complainant namely Prahallad Garia was coming to watch Dhanuyatra on Dt.05/01/2020 from Ambapali  (Gopapura) to Bargarh (Mathura Nagari), one bus of Satyasai Travels bearing No. CG 04 EA 0257  in a  rash and negligient manner dashed  and the person died on the spot. As Jatra was under the Umbrela Covering of the Insurance, the Complainant placed her claim before the Opposite Parties claiming the insurance to a tune of Rs.750000/-(Rupees seven lakh fifty thousand) only on submitting relevant documents. The Opposite Parties denied to release the claim of the Complainant with some  arbitrary and flimsy  ground. That finding no way out the complainant served a pleader notice Dt.15/10/2020 to release the insurance claim.  The Opposite parties after receiving the notice denied the claim. Being harassed the Complainant filed the Complainant.
2. The Case of the Opposite Parties is that the Opposite Parties filed its version  and submitted that the policy of the Complainant cover only against claims arising out of or in connection with business specified in the scheduled area. The Business mentioned in the scheduled of the policy is  ANNUAL DRAMA BASED OPEN  AIR THEATRICAL PERFORMANCE, therefore the policy only cover incidents arising out of or in connection with the Dhanuyatra festival. Designated premises under the policy is BARGARH MUNICIPALITY AREA therefore such incidents should also happen within the Bargarh Municipality Area. In the instant case, that is nothing on record to show that the accident caused within Bargarh Municipal area. There is no pleading or evidence to suggest that the Bus that caused the accident was connected with the Dhanuyatra Festival and it also appeared that  deceased was not within the insured locality that is BARGARH MUNICIPALITY AREA, the Opposite Parties also submitted that there is no cause of action against the Opposite Parties and there is no deficiency in service or unfair trade practice committed by the Opposite Parties. Hence the Complaint may be dismissed with cost.
3. Perused the documents filed by the Complainant and Opposite parties and following issues are framed:-

ISSUES:-

1. Whether the Complainant is a Consumer of the Opposite parties ?
2. Whether the Opposite parties are deficient in service ?
3. What relief the Complainant is entitled to get ?

Issue No.1:-

            The Complainant,  husband was insured during the Dhanuyatra  2019 insurance done by the IFFCO TOKIO Insurance Company valid for a period 31/12/2019 to 10/01/2020. The insurance was meant for general public for a  sum of  Rs.750000/-(Rupees seven lakh fifty thousand) only. The requisite premium was also paid by the Collector cum chairman, Dhanuyatra Committee, Bagarh. The Complainants husband namely Prahallad Garia died on Dt.05/01/2020 while  he was coming to watch Dhanuyatra from Ambapali that is Gopapura to Bargarh. Hence the Complainant is the Consumer of the Opposite Parties as insurance premium has been paid by the collector and chairman, Dhanuyatra Committee.

            The Issue is answered accordingly.

Issue No.2:-

            In the present case the Opposite parties did not settle the claim and submitted that to cover the liability  in connection with the Dhanuyatra Festival with in the Bargarh Municipality Area the accident should have taken place. After perusal of the documents it reveals that Prahallad Garia was coming from Ambapali  (Gopapura)  to Bargarh (Mathura Nagari) to visit Dhanuyatra Festival on his Bicycle by that time the accident  took place. The plea taken by the Opposite Parties is not acceptable.

            The accident, how ever, took place at Ramchandi Chowk, Haldipali within 5 Kilometer range of Bargarh Muncipality which is coming under the town planning area accordingly the incident occurred within the Bargarh Municipality vicinity and in course of journey where destination is Bargarh (Mathura Nagari).

            The Complainant on Dt.15/10/2020 served a pleader notice to the Opposite parties, but the Opposite Parties knowing all the facts did not settled the claim which amounts to deficiency in service on the part of the Opposite Parties.

            The Issue is answered accordingly.

Issue No.3:-

            From the supra discussion, it is clear that the Complainant is entitled for the claim. The issue is answered accordingly.

O R D E R

The Complaint is allowed on contest against Opposite parties.  The Opposite Parties are  jointly and severally liable  to pay  Rs.750000/-(Rupees seven lakh fifty thousand) only insurance claimed within one month from the date of   this order.  Failing which the amount will carry 9% interest per annum till realization. Further the Opposite parties are directed to pay Rs.50000/-(Rupees fifty thousand) only compensation for harassment and mental agony and Rs.10000/-(Rupees ten thousand) only towards litigation expenses to the Complainant.

Order pronounced in open court on this 19^th day of December 2022.

            Supply free copies to the parties. 

                 Typed to my dictation

                                                                                                      and corrected by me.                                                                                            

                 I  agree/-                                                                       

       ( Smt. Jigeesha Mishra)                                                                  (Smt. Anju Agarwal)

              Dt.19/12/2022                                                                                  Dt.19/12/2022

              P r e s i d e n t                                                                                 M e m b e r (w)

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(Sri Dusmanta Padhan)

      Office Assistant