Andhra Pradesh

Visakhapatnam-II

CC/196/2012

Mattapathi Venkata Lakshmi - Complainant(s)

Versus

Branch Manager - Opp.Party(s)

B. Nageswara Rao

06 Sep 2014

ORDER

                                              Date of Registration of the Complaint:27-06-2012 

                                                                                                Date of Order:06-09-2014

BEFORE THE DISTRICT CONSUMERS FORUM-II AT

                             VISAKHAPATNAM

 

P  r  e  s  e  n  t:      

1. Smt K. Saroja, M.A. B.L.,

     President (FAC)  

                                2. Sri C.V. Rao,  M.A., B.L.,

                                    Male Member

 

                        Saturday, the 6^th day of September, 2014.

                             CONSUMER CASE No.196/2012

Between:-

1.Mattapathi Venkata Lakshmi,

   W/o (late)  Veerabahu Vasantha Rao, Hindu,

   Aged about 42 years, B.S.N.L. Quarters,

   Quarter No.D-1, Ram Nagar, Mindi Village,   

   Gajuwaka,  Visakhapatnam District.

2.Mattaparthi Gowthami, D/0 (late) Veerabahu  

   Vasantha Rao, Hindu, aged about 22 years,

   B.S.N.L. Quarters, Quarter No.D-1, Ram Nagar,

   Mindi village, Gajuwaka, Visakhapatnam District.

3.Mattaparthi Rajitha, D/o (late) Veerabahu Vasantha

   Rao, Hindu, aged about 20 years, B.S.N.L. Quarters,

   Quarter No.D-1, Ram Nagar, Mindi village, Gajuwaka,

   Visakhapatnam District.

                                                                                        ….. Complainants

And:-

Branch Manager,

UNITED INDIA INSURANCE COMPANY LIMITED,

 City Branch Office No.1, M.V.P. Double Road,

Sector No.V, M.V.P. Colony, Visakhapatnam.

                                                                                           …  Opposite Party

                     

This case coming on 26.08.2014 for final hearing before us in the presence of Sri           B.Nageswara Rao, Advocate for the Complainants and Sri V. Ashok  Kumar, Advocate for the Opposite Party and having stood over till this date for consideration, this Forum made the following:

 

                                                ORDER

        (As per Smt. K. Saroja Honourable President (FAC)on behalfofthe Bench)

 

1.       The case of the Complainants in brief is that the 1^st Complainant’s husband died in a Motor Accident occurred on 18.01.2010 and sustained serious injuries and died.    The deceased vehicle was insured by the Opposite Party bearing Policy No.15020131080100003391 valid from 03.03.2009 to 02.03.2010.  The vehicle number was wrongly noted by the Opposite Party instead of vehicle AP37 F 0325, the Opposite Party issued policy against the AP31 F 0325 in the name of the deceased.   The Complainants wrote a letter dated 26.02.2010 and requested the Opposite Party to settle the claim as the insured/deceased died in the accident on 18.01.2010 the policy is in existence, the Opposite Party replied the same stating that the policy issued by the Opposite Party against the AP31 F 0325 but not against AP37 F 0325, and closed the claim.

 

2.       a) Directing the Opposite Party to pay compensation of Rs.1,00,000/- (Rupees One lakh only) with interest at 18% p.a. towards Personal Accident and damages;      

          b) for costs of the Petition; and          

          e) for such other relief or reliefs as the Forum deems fit and proper in the circumstances of this case.

           

3.       The Opposite Party strongly resisted the claim of the Complainants by contending, as can be seen from its counter.    After receiving the Complainants representation dated 26.02.2010 the Opposite Party intimated to the 1^st Complainant stating that they are not liable to pay compensation on the ground that the vehicle AP 37 F 0325 involved in road accident is not insured with the Opposite Party, hence the claim is closed as ‘WRONG NATURE OF LOSS’ and the same was received by the 1^st Complainant.     The insured obtained package policy against the Vehicle No. AP 31F 0325 vide policy No.150201/31/07/01/00003646 which was covered from 01.03.2008 to 28.02.2009 and it is confirmed that the policies were obtained by the insured against the Vehicle No. AP 31 F 0325 but not the claim asked by the Complainants that the vehicle number was noted wrongly in the policy.   So,   they have no liability to settle any amount against the vehicle NO.AP 37 F 0325 as the Opposite Party did not insure the said vehicle.    

 

4.       At the time of enquiry, both the Opposite Parties filed their affidavits as well as written arguments to support their contentions.     Exs.A1 to A9 are marked for the Complainants.   Exs.B1 to B6 are marked for the Opposite Party.   Heard the both sides.

 

 

5.       ExA1 is the attested Policy Copy with Receipt issued by the Opposite Party on 02.03.2009.  Ex.A2 is the attested photo copy of F.I.R on 18.01.2010 issued by the Station House Officer, Anakapalle.   Ex.A3 is the attested photo copy of Report of Post Mortem Examination issued by Casualty Medical Officer on 15.02.2010.  Ex.A4 is the attested photo copy of Inquest Report issued by the Station House Officer on 19.01.2010.  Ex.A5 is the attested photo copy of Accident Report from Motor Vehicles Inspector issued by Motor Vehicles Inspector, Sri M. Kanaka Raju on 21.01.2010.  Ex.A6 is the photo copy of Death Certificate issued by the Registrar on 19.01.2010.  Ex.A7 is the letter with Postal cover sent by the Opposite Party on 06.05.2010.  Ex.A8 is the Photo copy of Vehicle Registration Search issued by the Govt. of AP Transport Department on 29.01.1994.  Ex.A9 is  the Proposal Form on 07.02.2013.

 

6.       Ex.B1 is the photo copy of Package Policy issued by the Opposite Party on 1.03.2008.    Ex.B2 is the photo copy of Package Policy issued by the Opposite Party on 03.03.2009.    Ex.B3 is the office copy of reply letter to the 1^st Complainant sent by the Opposite Party on 08.05.2010.  Ex.B4 is the Postal Acknowledgement dated 10.05.2010.  Ex.B5 is the letter written by the 1^st Complainant to the Opposite Party on 26.02.2010.  Ex.6 is attested photo copies of Certificate of Insurance Policy on 02.03.2009 issued by the Opposite Party.

 

7.       According to Ex.A8 the Vehicle No. AP 31 F 0325 was registered in the name of M/s. Best Builders, Makers Class is Bajaj Super.   Whereas, the documents filed by the Opposite Party, i.e.,   Exs.B1 and B2 shows that the vehicle which was insured by the deceased          is Bajaj Chetek i.e., AP 31 F 0325. 

 

8.       The point that would arise for determination in the case is:-

Whether there is any deficiency in service on the part of the Opposite Party.  The Complainants are entitled to any reliefs asked for?

 

9.         After careful perusal of the case record, this Forum finds that the insured/deceased met with an accident on 18.01.2010 and died.   There is no dispute regarding the death of the deceased.  The allegation of the Complainants are that the deceased/insured was driving his own vehicle i.e., Bajaj Chetek bearing No. AP 37 F 0325.   But the Opposite Party wrongly issued the policy in favour of the vehicle AP 31 F 0325 in the name of the insured/deceased.   At the time of accident the policy was inforce.   Ex.A8 is the Vehicle Registration issued by the Registering Authority, Visakhapatnam.   It clearly shows that the Vehicle No. AP 31 F 0325 is Bajaj Super and was registered in the name of M/s. Best Builders.    Whereas, the accident vehicle and also the vehicle against which the Opposite Party insured the policy is Bajaj Chetek.   Moreover, the Opposite Party did not oppose the Ex. A8.  The Opposite Party failed to produce Surveyor Report as well as previous Proposal Form which were issued by them against the deceased/insured’s vehicle in the year, 2008-2009.    Ex.A2 reveals that the Complaint was given on 18.01.2010 against the AP 37 F 0325 Bajaj Scooter which was met with an accident and the 1^st Complainant’s husband/insured sustained serious injuries and died.   It shows clearly that the accident occurred to the Vehicle No. AP 37 F 0325 but did not to the vehicle No.AP31 F 0325.    The Opposite Party also agrees the Vehicle No. AP 31 F 0325 is not involved in any accident, but they failed to produce the same.   So, the Opposite Party is liable to pay compensation and insured amount to the Complainants.   But the Opposite Party repudiated on some reasons.   It is the bounden duty of the Opposite Party to pay compensation and insured amount to the Complainants as the deceased’s/insured vehicle met with an accident when the policy is inforce.   Hence, the Complainants are entitled to insured amount with interest, some compensation and costs too.

 

10.     In the result, the Complaint is allowed directing the Opposite Party: a) to pay Rs.1,00,000/- (Rupees One lakh only), towards Personal Accident Cover for deceased Owner-cum-Driver, with interest 9% p.a. from 26.02.2010 till the date of actual realization, and to pay b) a compensation of Rs.10,000/- (Rupees ten thousand only) and c) costs of Rs.3,000/- (Rupees three thousand only) to the Complainants.   Time for compliance, one month from the date of this order.

 

 

         

Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this 6^th day of September, 2014.

 

Sd/-                                                                                    Sd/-            

Male Member                                                                           President

                                     

 

APPENDIX OF EVIDENCE

For the Complainants:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.A01	02.03.2009	Receipt issued by the OP to Complainant	Attested Photo copy
Ex.A02	18.01.2010	F.I.R. issued by Station House Officer, Anakapalle	Attested photo copy
Ex.A03	15.02.2010	Report of Post Mortem	Attested photo copy
Ex.A04	19.01.2010	Inquest Report issued by the Station House Officer	Attested photo copy
Ex.A05	21.01.2010	Accident Report from Motor Vehicles Inspector issued by Motor Vehicles Inspector, Sri K. Kanaka Raju	Attested photo copy
Ex.A06	19.01.2010	Death Certificate issued by the Registrar	Photo copy
Ex.A07	06.05.2010	Letter with Postal Cover	Original
Ex.A08	29.01.1994	Vehicle Registration Certificate	Photo copy
Ex.A09	07.02.2013	Proposal Form	Photo copy

For the Opposite Party:-

                                               

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.B01	01.03.2008	Package policy issued by the OP	Photo copy
Ex.B02	03.03.2009	Package Policy issued by the OP	photo copy
Ex.B03	08.05.2010	Reply letter to the 1st Complainant sent by the OP	Office copy
Ex.B04	10.05.2010	Postal Acknowledgement Card	Original
Ex.B05	26.02.2010	Repudiation letter written by the 1st Complainant to OP	Original
Ex.B06	02.03.2009	Certificate of Insurance Policy	Attested copies

 

Sd/-                                                                                          Sd/-      

Male Member                                                                              President