West Bengal

Bankura

CC/18/2019

Santana Dutta - Complainant(s)

Versus

Branch Manger, United Insurance Company Limited - Opp.Party(s)

Durgaprasad Sarkar

21 Dec 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 18/2019

                                                 Date of Filing: 27/02/2019                                        

Before:                                        

1. Samiran Dutta                            Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member. 

 

For the Complainant:  Ld. Advocate Jayanta Kr. Mukhopadhyay

For the O.P.:  Ld. Advocate Asim Kumar  Mandal

Complainant  

Santana Dutta, W/o Late Bidyut Dutta, Village – Gorabari, P.O. Jagadalla, P.S. & District – Bankura, Pin – 722 146

Opposite Party 

Branch Manager, United India Insurnce Company Limited, 240/A, Nutanhati, Bankura, P.O., P.S. & District – Bankura, Pin – 722101.

 

FINAL ORDER / JUDGEMENT

 

Order No.34

Dated:-21-12-2023

Both parties file hazira through Advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that her husband was the registered owner of Motor Cycle, Registration No. being WB-68G/1931, insured with O.P./Insurance Co., Policy No. being 0315083116P102735204, valid from 01.06.2016 to 31.05.2017 with Compulsory P.A. Cover (Owner Driver) to the tune of Rs.1 Lakh. On 05/11/2016 while the husband of the Complainant was standing on the road side close to his vehicle at that point of time a vehicle bearing No.WB40AB/5002 coming from Bishnupur side dashed the husband of the Complainant as a result of which he succumbed to death at Bankura Sammilani Medical College & Hospital, Bankura on 06/11/2016 due to fatal injuries. The case was registered as Bankura P.S. Case No.331/2016, dated: 06/11/2016 u/s 279/304A/427 IPC and the incident was duly intimated to the O.P./Insurance Co. followed by claim  application but unfortunately the same was repudiated on flimsy ground that the victim motor cycle was not in use and running condition.

O. P. contested the case by filing a written version reiterating the same point therein.

                                                                                                                                                                                  Contd……p/2

Page: 2

                                                                                    -: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents from both sides the Commission finds that the victim started from his house riding the motor cycle to attend his coaching class as Private tutor but he was standing with the motor cycle on the road side and at that time the unfortunate incident took place. So, it cannot be said that the motor cycle is not involved in the accidental death of the victim husband. It is now well settled that Insurance claim for accidental death arising out of a motor vehicle even in static / standing condition is admissible under the law. So the contention of Ld. Advocate for the O.P./Insurance Co.  is not tenable in law.

The case therefore succeeds.

                                                                                                                                                        

Hence it is ordered……..

That the case be and the same is allowed on contest but without cost.

O.P./Insurance Co.  is directed to pay to the Complainant Rs.1 Lakh as compensation for accidental death of Complainant’s husband along with Litigation cost of Rs.5,000/- within one month from this date  I/D  law will take its own course.

Both parties be supplied copy of this Judgement free of cost.

 

 ____________________                _________________         

HON’BLE   PRESIDENT            HON’BLE MEMBER