DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC-55 of 2021.

 

Dist. -West Tripura, ….........................…..….......................Complainant.

 

 

-VERSUS-

 

 

   1) Divisional Manager,

National Insurance Company Limited,

Agartala Division,

42, Akaurah Road,

P.S.-West Agartala, P.O.-Agartala,

Dist.-West Tripura, Pin-799001.....................................Opposite Party.

 

    __________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA,  AGARTALA.

 

C O U N S E L

 

 

For the O.P. : Sri Anirban Bhattacharjee,

 

F I N A L     O R D E R

1. The Complainant being mother of the Complainant has filed this complaint claiming compensation over the death of her son Banti Sharma who meet with an accident on 09/02/2019 at Milan Chakra, Agartala while driving his motorbike bearing registration No. TR01 AE 8452 which was insured with the O.P. Insurance Company for the period 22/03/2018 to 21/03/2019. Banti ultimately died in ILS Hospital on 14/02/2019 due to the injuries sustained in the accident.  

A.D. Nagar P.S. Case No.2019 AD No.14 dated 17/02/2019 W/S.279/338/304A IPC was registered on 17/02/2019 that accident. However ultimately FRT was submitted due to want of evidence vide No.51/2019 dated 31/12/2019. 

Due to huge shock the O.P. was not informed in time. On the top of it at that period of time Covid-19 pandemic situation was prevailing everywhere. Hence on 22/03/2021 the O.P. was informed claiming the amount of P.A. Coverage and submitted relevant documents, but the O.P. repudiated the claim on the ground of raising the claim after two years.  

 The O.P. submitted written objection denying the fact of accident and that a false police case was registered for which FRT was submitted. Further Banti Sharma had no valid driving licence also. 

    Both the parties submitted evidence on affidavit. The Claimant submitted copy of policy of insurance, copy of FIR & FRT.     

6.      Hearing divergent argument of both the sides the following points are taken up for discussion and decision.   

  (a). Whether Banti died in due to vehicular accident injuries sustained on 09/02/2019?  

   (b). Whether Banti had valid driving licence on that day?

   (c). Whether the O.P. is guilty of deficiency of service?                    

7.   For convenience all the points are taken up together for discussion and decision. 

8.  FIR was lodged on 17/02/2019 i.e. after 8 days of the occurrence and 3 days of the death of Banti. Explanation for such delay as explained is that, the Complainant father was busy with the treatment of Banti. In the FIR it is mentioned that Banti collided with another unknown Motor cycle. One Tapas Rudra Pal is the scribe of the FIR but the scribe appended no certificate in the form of declaration that the FIR was written as per the version of the Complainant. However in such a situation it is quite natural for a father to make such delay in making FIR.                     

9.   On perusal of police report we find that in fact no other Vehicle /Motorbike was involved in the accident. Rather,  Deceased Banti  alongwith another  Ratnakar Bhattacharjee  while driving the Motorbike dashed a road divider and both of them fell down and sustained injuries. Ultimately Banti died in ILS Hospital due to such injuries.                                                                                                                                                         

10. For the purpose of providing relief against P.A. Coverage fault theory is not applicable. Hence, even if no other vehicle was involved in the accident is is not a bar to get the insured sum under P.A. Coverage. 

11.     The Insurance Company was not justified to deny such relief on the ground of delay in raising claim. The Policy condition that after an accident intimation has to be given immediately is a relative term and unless it is found that there is any overt act for not giving intimation 'immediately' a claim can't be denied for that reason as this condition is directory in nature but not mandatory. 

12. Banti Sharma, since deceased, had valid driving licence for the period 22/01/2019 to 21/01/2039 covering the date of accident. 

        All the points are decided in the affirmation.          

13.            In the result it is decided that the O.P. Insurance Company shall pay Rs.15 lakhs to the Complainant with interest @7.5% p.a. from 29/07/2021 i.e. the date of filling this case till the date of actual payment. 

        The case stands disposed off.             

          Supply a certified copy of this final order to both the parties free of cost.        

Announced.

 

 SRI GOUTAM  DEBNATH

PRESIDENT,

DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA. 

 

 

DR (SMT) BINDU PAL

MEMBER,

DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

        WEST TRIPURA,  AGARTALA.