PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
CONSUMER COMPLAINT NO.16/2022
Present-Dr. Ramakanta Satapathy, President,
Sri. Sadananda Tripathy, Member,
Mst. Radhika Agrawal,
W/o-Late Rajesh Kumar Agrawal
Resident of Balaji Heritate, B-23, Nr. Doordarshan Colony.
V.S.S.Marg, Sambalpur-768001 ...………..Complainant
Versus
- The Oriental Insurance Co. Ltd
Represented through the Sr. Divisional Manager,
At-VSS Marg, Sambalpur-768001
- Mr. Subhashis Sarkar, Development Officer, Retd.
Oriental Insurance Co.Ltd.
R/O- Balaji Heitate, Block A 2nd floor
Nr. Doordarsan Colony, V.S.S. Marg,
Sambalpur- 768001. .…………...Opp.Parties
Counsels:-
- For the Complainant :- Sri. S.N. Panda & Associates
- For the O.P.No.1 :- Sri. B.K. Purohit & Associates
- For the O.P. No.2 :- Sri. A.K. Barad & Associates
Date of Filing:04.04.2022,Date of Hearing :28.08.2023,Date of Judgement : 03.10.2023
Presented by Dr. Ramakanta Satapathy, PRESIDENT
- The Complainant challenged the repudiation letter dated 11.04.2017 of the insurer, O.P. No.1. Against the repudiation letter complaint NO. BHU-G-050/2122-0186 dated 11.10.2017 was filed before the insurance Ombudsman, Orissa State and vide order dated 11.02.2022 the Complaint was dismissed with an option to move a fresh application at any other forum/court. Alleging deficiency in service this complaint was filed.
- Husband of the Complainant namely Rajesh Kumar Agrawal was a partner of M/S Yogesh Roadways insured Tipper 2518 Model 2011 Regd. No. OR-15R-4001 in his name vide policy No. 345600/31/20-14/2643. As alleged with the advise of O.P. No.2 the Complainant renewed the policy on 13.07.2014 for the commencing year from 14.07.2014 by paying renewal policy premium vide cheque No. 4145002744 policy Zone C bearing No. 345600/31/20156/2510 w.e.f. 14.07.2014 to 13.07.2015.
On 10.11.2014 the Tipper vehicle met accident at Bareni Chhaka, Kiakhata P.S. and P.S. Case No. 26/2014 was registered. The mob with anger set fire to the tipper and burnt completely. Claim was lodged through O.P. No.2 before O.P. No.1 with all documents but the O.P. No.1 repudiated the claim vide letter dated 11.04.2017.
- The O.P. No.1 submitted that when claim was received the surveyor and loss assessor in his report submitted that the owner of the vehicle Rajesh Kumar Agrawal died long before the date of accident. Accordingly, repudiation letter dated 11.04.2017 was issued to the Complainant.
- The O.P. No.2 denied all the allegations of the Complainant and submitted that he is not a necessary party.
- Policy No. 345600/31/2014/3643 was in the name of Rajesh Kumar Agrawal and renewed policy No. 345600/31/2015/2510 is also in the name of Rajesh Kumar Agrawal. Husband of the Complainant died on 09.02.2014. The renewal policy renewed for the period 14.07.2014 to 13.07.2015. At the time of renewal the owner was already dead.
As per India Motor Tariff Regulation-17 the Ownership of the vehicle has not been changed nor any step has been taken by the Complainant for change of insurance policy in her name. The Complainant has also not obtained any new policy in the alternative within the statutory period.
Learned advocate for O.P. No.1 cited Nirasaha Sinha V HDFC Ergo G.I.C. Ltd. R.P. No. 3337/2016 NCDRC order dated 18.08.2017. Wherein it is held that “when the insured dead prior to commencement of policy and policy was obtained without intimating the prior death of the insured, no claim against the insurance company will lie on account of damages to the vehicle.”
In the present case the Complainant has not come with clean hand and failed to explain the procedures of transfer of ownership of the vehicle and insurance policy not done in time. Accordingly, it is ordered:
ORDER
The complaint is dismissed against the O.Ps on contest. No cost and compensation.
Order pronounced in the open court on this 3rd day of October 2023.
Supply free copies to the parties.
