This case has arisen out of an application U/s 35 of the Consumer Protection Act, 2019.
The fact of the case is that Kalyan Roy, husband of Petitioner No:1, father of Petitioner No:2 and son of Petitioner No:3&4 was the owner of a vehicle/motor cycle bearing No:W.B60R/8045 & he got it insured including PA cover vide Policy No:OG-23-2414-1802-00000979 from O.P/Insurance Company valid from 19.11.2022 to 18.11.2023.
That on 31.05.2023 at about 9:30 AM Kalyan Roy along with Sajal Chaki attended his Company’s work by riding his motor cycle & after completing his work returning home & when reached near Lahanda Shilpara under Raiganj Police Station then another two wheeler/motor cycle bearing No:W.B60AA/0180 dashed his motor cycle coming from opposite direction & wrong side of the road, as a result Kalyan Roy & Sajal Chaki sustained grievous injury & they were taken & admitted to Raiganj Govt. Medical College & hospital where Kalyan Roy died at about 9:30 PM.
That Petitioners No:1’s brother-in-law Bidhan Chandra Roy lodged a written complaint with IC, Raiganj PS on 03.06.2023 against vehicle No:W.B60AA/0180, registered as Raiganj PS case No:597/2023, corresponding to GR Case No:1205/2023, U/s 279, 338, 304(A) of IPC & Charge Sheet No:583/2023, dated 30.06.2023, was submitted against the driver of the vehicle bearing No:W.B60AA/0180.
That thereafter, it was informed to the O.P.No:1 over Telephone No:03512-265053 who assure her that they will take necessary action in the matter as early as possible.
That thereafter, on 20.06.2023 petitioner No:1 sent a letter through register post to O.P.No:2 requesting to pay the PA cover of her deceased husband.
That thereafter one Investigator of O.P/Insurance Company came to the house of the petitioners, collected required documents, supply a Claim Form to Petitioner No:1 & she sent the said Claim Form duly filled up with necessary document to O.P.No:2 requesting to settle the claim but no tangible effect.
That thereafter, a legal notice dated 28.11.2023 was issued & served to the O.P.No:2 but till date O.Ps did not make payment to the petitioners.
Hence, they pray for getting PA cover of Rs.15,00,000/- being death benefit, compensation of Rs.1,00,000/- for harassment, mental pain and agony & litigation cost of Rs.50,000/-.
O.Ps contested the case by filing W.V stating that the vehicle bearing No:W.B60R/8045 of Kalyan Roy was insured with O.P/Insurance Company valid from 19.11.2022 to 18.11.2023 along with PA coverage Rs.15,00,000/- for the owner cum driver subject to terms, conditions and exclusions mentioned in the insurance policy. That the petitioners did not intimate the incident to the O.Ps within stipulated time, so Insurance Company could not get any opportunity to asses alleged loss & accidental death of Kalyan Roy dated 31.05.2023. O.P/Insurance Company sought necessary documents for processing claim on merits but in vain. Petitioners did not furnish required documents relating to alleged accident & thereby violated the terms & conditions of the policy. At the time of accident the alleged vehicle was being driven by the driver without effective DL & due to non-submission of necessary documents O.Ps could not settle the claim, so the complaint is liable to be dismissed.
Points for consideration is:-
- Whether there was any negligent act or deficiency in service on the part of the O.P/Insurance Company which gives rise cause of action to file the complaint and the petitioners are entitled to get the claim?
D e c i s i o n w i t h r e a s o n s
Admittedly, Kalyan Roy, husband of Petitioner No:1, father of Petitioner No:2 and son of Petitioner No:3&4 was the owner of a vehicle/motor cycle bearing No:W.B60R/8045 & he got it insured including PA cover vide Policy No:OG-23-2414-1802-00000979 from O.P/Insurance Company valid from 19.11.2022 to 18.11.2023.
The case & evidence of Petitioner No:1 is that on 31.05.2023 at about 9:30 AM Kalyan Roy along with Sajal Chaki attended his Company’s work by riding his motor cycle & after completing his work returning home & when reached near Lahanda Shilpara under Raiganj Police Station then another two wheeler/motor cycle bearing No:W.B60AA/0180 dashed his motor cycle coming from opposite direction & wrong side of the road, as a result Kalyan Roy & Sajal Chaki sustained grievous injury & they are taken & admitted to Raiganj Govt. Medical College & hospital where Kalyan Roy died at about 9:30 PM.
Further case & evidence of Petitioner No:1 is that her Brother-in-Law(debor) Bidhan Chandra Roy lodged a written complaint with IC, Raiganj PS on 03.06.2023 against vehicle No:W.B60AA/0180, registered as Raiganj PS case No:597/2023, corresponding to GR Case No:1205/2023, U/s 279, 338, 304(A) of IPC & Charge Sheet No:583/2023, dated 30.06.2023, was submitted against the driver of the vehicle bearing No:W.B60AA/0180.
The Petitioner No:1’s case & evidence too is that thereafter, it was informed to the O.P.No:1 over Telephone No:03512-265053 who assure her that they will take necessary action in the matter as early as possible.
It is not disputed that one Investigator of O.P/Insurance Company was engaged who visited the house of the petitioners & he supplied a Claim Form to Petitioner No:1 for submitting the same being duly filled in & she sent the said Claim Form duly filled up to O.P.No:2 requesting to settle the claim but of no effect & thus on 28.11.2023 a legal notice was sent to the O.P.No:2 claiming PA cover of the deceased but no tangible effect.
O.P admits that the vehicle bearing No:W.B60R/8045 of Kalyan Roy was insured with O.P/Insurance Company valid from 19.11.2022 to 18.11.2023 along with PA coverage Rs.15,00,000/- for the owner cum driver subject to terms, conditions and exclusions mentioned in the insurance policy.
Main objection of the O.P is that the petitioners did not intimate the incident to the O.P within stipulated time & did not furnish required documents & thereby violated the terms & conditions of the policy & at the time of accident alleged vehicle was being driven by the driver without effective DL, so Insurance Company could not get any opportunity to asses alleged loss & accidental death of Kalyan Roy & could not settle the claim.
From case record we find that some documents required for processing & settlement of claim including effective DL in name of Kalyan Roy were filed by the petitioners.
It is not disputed that for non-settlement of her claim petitioners being legal heirs of Kalyan Roy have been compelled to lodge this case on 29.12.2023.
Under above facts and discussion, we are of the opinion that the O.Ps/ concerned authority may be directed to pay sum of Rs.15,00,000/- as death benefit of Kalyan Roy (equivalent to PA Cover) but for delayed submission of other required documents (filed in court) the petitioners are not entitled to get any amount towards compensation & litigation cost.
In the result the case succeeds.
Hence, it is
O R D E R E D
that the C.C-64/2023 be and the same is allowed on contest against O.P with cost.
We do direct O.Ps/concerned authority to pay a sum of Rs.15,00,000/- to the petitioners for accidental death benefit of Kalyan Roy within 01 month from the date of the order i.d it shall carry interest @6% pa till realization in full & the petitioner is at liberty to take due course of Law.
Let a copy of this order be given to the parties free of cost.
