Jharkhand

Bokaro

CC/17/93

Uttam Kumar Mahto - Complainant(s)

Versus

Branch Manager, National Insurance Co. Ltd. - Opp.Party(s)

I.K Singh

26 Mar 2019

ORDER

Complainant Uttam Kumar Mahto has filed this case for claim of Rs. 15,32,233/- on payment of premium to the policy.

2          The case of the complainant in short is that the complainant hold a National Saving Certificate vide policy No. 170401/31/14/6100012065 in respect of his Scorpio vehicle bearing registration No. JH09R 6645 and the policy was valid from 14.12.2014 to 13.12.2015.

            The said Scorpio met with an accident on 02.02.2015 at 01:25 A.M. in the night at village Tengra near high way G.T. Road, Aurangabad, Bihar. The vehicle was damaged badly and the Driver cum owner, the complainant himself sustained injury. In respect of the accident one Deepak Kumar Mandal lodged a FIR, in the FIR it is stated that the driver of the Scorpio was driven the vehicle in high speed and in negligence mode about which the accident took placed. It is also admitted that the insurance has paid Rs. 6,25,000/- for damage of the vehicle in the month of July, 2016. This case has been filed for claiming a claim on the basis of personal accident of owner cum driver.

3          The following documents have been filed in support:-

Anx-1  to 1/1A copy legal notice dt. 17.05.2017 continuation letter of legal notice.

Anx-2 Copy of reply of the legal notice.

Anx-3 Copy of the insurance policy.

Anx-4 Copy of the FIR.

Anx-5 to 5/4 Copy of the discharge ticket of BGH, CMC Vellore and Gaya and

           letter to Insurance Co.

4          O.P. National Insurance Co. ltd. appeared and filed W.S. it is submitted that the claim of the complainant is not maintainable at this Forum. It is further submitted that it is admitted by the complainant that OD claim for damage of the vehicle has been paid by the Insurance Co. It is further submitted that the intimated claim for his owner personal claim by the complainant is also not maintainable in the light of U/s 147 of M.V. Act. It is further submitted that personal accident claim is maximum up to Rs. 2,00,000/- of the insurance co. in case of death, loss 2 lives and permanent disablement up to 100%- and loss of limbs or sight of two eyes or one limb and sight of one eye up to 50%. In instant case the complainant has not come anything of the categories. The complainant is not a 3^rd party and therefore, he is not entitled for  any compensation.

            In the above fact and circumstances, the case is not maintainable and the liable to dismissed.

5          Following documents have been filed by O.P.:-

Anx-A Copy of Insurance Policy.

Anx-B Copy of terms and conditions of the private car policy.

F I N D I N G S

6          We perused the record, complainant is a consumer for paid premium for the insurance policy but the dispute does not cover as a consumer dispute because section 147 of M.V. Act.  clears the liability of the insurance co., because the owner cum driver is not 3^rd party and it cannot be assumed risk for dying or badly injury of the owner, however the personal accident liability goes to Rs. 2,00,000/- only as per Anx-A on the condition already stated in the W.S. regarding the scale of compensation and no certificate of disablement has been filed by the complainant to consider this limit of Rs. 2,00,000/-, therefore, the complainant has failed to prove the claim.

7                      we are of the view that this case is not maintainable having no cause of action, accordingly this case is hereby dismissed.

            O.C. is directed to despite the record in the record room.