CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM.
Present
Sri. Santhosh Kesavanath P. President
Smt. Bindhu M. Thomas, Member
Sri. K.N. Radhakrishnan, Member
CC No.107/08
Tuesday the 2nd day of August, 2011
Petitioner : Gopalakrishnan A.G,
Ayaloor House,
Kalloorkulam PO,
Kottayam.
(Adv. Jacob D. Nellikappally)
Vs.
Opposite party : M/s. National Insurance Co.Ltd.,
Divisional Office, Kottayam-1
Rep. by its Divisional Manager
do-do-do-
(Adv. P.C. Chacko)
ORDER
Sri. Santhosh Kesavanath P. President
The case of the petitioner, filed on 5/5/08, is as follows:-
Petitioner is the owner of the motor bike with Reg.No.KL-05-U-4173. The said vehicle was validly insured with the opposite party for a period of 30/8/05 to 29/8/06. Petitioner availed a package policy from opposite party with personal accident coverage to the owner-cum-driver to the tune of Rs.1,00,000/-. The said coverage is obtained to the petitioner by paying a premium of Rs.50/-. On 9/5/06 at about 5.45 p.m petitioner met with an accident, while he was riding the motor bike, which was duly insured to the opposite party. Petitioner sustained serious injuries due to the accident which ultimately resulted in the complete loss of vision to his right eye. According to the petitioner there is 100% disability. As per the contract of insurance, opposite party is liable to compensate the petitioner. Immediately after the accident the petitioner was taken to Marine Medical Centre, Pala and from there he was taken to the Kottayam Medical College Hospital and treated as inpatient from 9/5/06 to 29/5/06. Later he started treatment from Alphonsa Eye Hospital, Pala. After completing the treatment petitioner approached the opposite party for getting compensation. Opposite party’s were not ready to issue a claim form. According to the petitioner act of the opposite party amounts to deficiency in service, so he prays for a direction to the opposite party to pay Rs. 1,00,000/- with 14% interest. Petitioner claims Rs.5000/- as compensation and Rs.5000/- as litigation cost.
Opposite party entered appearance and filed version contenting that petition is not maintainable. It is the petitioner to prove that he is the owner of the motor Cycle KL-5-U-4173 and the same is insured with opposite party. The company is only liable as per section 3 of the terms and conditions and limitations of this policy. The petitioner has not put up any claim within six calendar months as stipulated in the terms and conditions. Petitioner has not sustained any injury, causing loss of eye sight, in direct connection with the vehicle insured with opposite party, due to any accident as alleged. The allegation with regard to the accident on 9/5/06 is denied by the opposite party. Petitioner has not caused any disability of 100% as alleged in the petition. The treatments at Marian Medical Centre, Pala, Medical College Hospital, Kottayam and Alphonsa Eye Hospital, Pala are denied by the opposite party. Petitioner has not treated at any of the said hospitals for any injury caused due to any accident arising out of the use of the vehicle insured with opposite party. According to the opposite party there is no deficiency in service and the petitioner is not entitled for compensation as alleged. They prayed for dismissal of the petition with their cost.
Points for determinations are:
i) Whether there is any deficiency in service on the part of opposite party?
ii) Reliefs and costs?
Evidence in this case consists of affidavit filed by both parties Exts.A1 to A10 document on the side of the petitioner and Exts.B1 series document on the side of the opposite party. Court Ext.X1 and deposition of PW1 and PW2
Point No.1
Petitioner alleges deficiency in service on the part of the opposite party on account of non-process of the claim submitted by the petitioner. According to the opposite party petitioner has not sustained any injury or disability due to any accident arising out of use of the motor cycle insured with opposite party on 9/5/06 or any other date. Admittedly as per the case of petitioner the accident was occurred on 9/5/06. His definite case is that subsequent to the accident. Petitioner sustained serious injuries resulting in Atrophy to optic nerve. Immediately after the accident petitioner was taken to Marian Medical Centre, Pala. Later he was taken to Kottayam Medical College Hospital and treated as inpatient there from 9/5/06 to 29/5/06. He started subsequent treatment from Alphonsa Eye Hospital Pala. A copy of discharge card issued from the Medical College Hospital, Kottayam is produced and the same is marked as Ext.A4. As per Ext.A4 petitioner is diagnosed as having head injury due to the alleged Road Transport Accident. In the investigation details mentioned in Ext.A1 there is no injury to the right eye of the petitioner. Petitioner was not at all referred neither to Ophthalmology department nor to an Ophthalmologist. Ext.A5 is a certificate issued by the Chief Ophthalmologist of Alphonsa Eye Hospital Pala, The Ophthalmologist is examined before the Fora as PW1. The certificate issued is marked as Ext.A5. PW1 categorically stated that the treatment was done on 13/1/06. Further more PW1 deposed that on examination he found that the petitioner has no vision in his right eye. It is surprising that the alleged accident was occurred on 9/5/06. PW1 Doctor examined and issued A5 certificate on 13/1/06. So it can be inferred that prior to the accident the petitioner was having no vision in his right eye. In our view the petitioner has not sustained the alleged injury or disability due to the accident occurred on 9/5/06. So we are of the view that this petition is filed by the petitioner without any bonafides on experimental basis for unlawful gain. So point no. 1 is found accordingly.
Point No.2
In view of the findings in point no.1 petition is dismissed. Considering the facts and circumstances of the case no cost and compensation is ordered.
Dictated by me transcribed by the Confidential Assistant corrected by me and pronounced in the Open Forum on this the 2nd day of August, 2011.
Sri. Santhosh Kesavanath P. President Sd/-
Smt. Bindhu M. Thomas, Member Sd/-
Sri. K.N. Radhakrishnan, Member Sd/-
Appendix
Documents of the petitioner.
Ext.A1-Original registration certificate
Ext.A2-Policy certificate
Ext.A3-Driving license of the petitioner
Ext.A4-Copy of the discharge card issued from MCH Ktm
Ext.A5-Treatment certificate issued from Alphonsa Eye Hospital
Ext.A6-Photocopy of the statement
Documents of the opposite party
Ext.B1-Policy certificate
Ext.B1(a)-Conditions of the policy.
Court Ext.X1-Disability certificate issued by the Medical Board, MCH, Ktm
Witness of the petitioner: PW1 Dr.K.C. Baby
PW2.Dr.Manjit P.S
