DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI
C.C NO. 25 OF 2014.
Present: Sri Rabindranath Mishra - President.
Miss Sidhira Laxmi Pattanaik - Member.
Pranab Pattanaik,aged 43 years.
S/O: Late Bhimsen Pattanaik.
At: Phulbani Sahi, Phulbani
PO: Contractorpada PS: Phulbani Town
Dist: Kandhamal Profession – Business. …………… Complainant.
Versus.
Divisional Manager,
National Insurance Co. Ltd
4th Floor, WEST WING, IDCO TOWER
Bhubaneswar. ………….. OPP. Party.
For the Complainant: Sri Pratap Chandra Bai, Advocate, Phulbani
For the OPP. Party: Sri V.V, Ramdas, Advocate, Phulbani
Date of Order : 30-10-2015.
O R D E R
The case of the Complainant in brief is that he is registered owner of one TATA INDICA car bearing Regd. No. OR-02-K-9227 and utilizing the vehicle for personal use for which he paid premium of Rs. 1640/-. The period of policy was from 29-3-2014 to midnight of 28-03-2015. It covers personal accident of the owner and driver for Rs. 2,00,000/- only and Rs. 1,00,000/- for the passengers . The Complainant has valid driving license bearing No. 1219880003440 being issued by the R.T.A, Phulbani.
On 09-06-2014 at about 4 A.M while the Complainant was driving his car from Phulbani to Bhubaneswar, on the way near Similisahi under Nayagargh Sadar P S, the car dashed against one truck. As a result of which the Owner cum driver sustained multiple injuries on his person and shifted to D.H.H, Nayagarh and subsequently went to Vivekananda Hospital Bhubaneswar for better treatment. As his right leg was fractured the same was operated surgericaly for which he spent Rs. 1, 50,000/- towards medical expenses and hospitalized for 15 days. Thereafter he has been advised to take bed rest for 4 months.
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As the Complainant is entitled to get a sum of Rs. 2, 00,000/- from the Opposite Party as per his policy, he has filed this complaint before this Forum for a direction to the Opposite Party for payment of Rs. 2, 00,000/- with 12 % interest per annum from the date of filing till realization of the amount.
The case of the Opposite Party as per his version is that the policy does not cover Rs. 2, 00,000/- for personal accident for the owner and driver of the vehicle and it also does not cover for passengers. Further no claim has been made before the Insurance Company in prescribed form neither for the damage of the vehicle nor for his own damage. The Complainant has not intimated the fact to the Insurance Company immediately for which no investigator has been appointed to assess the damage. So, there is no cause of action to file this case and the Complainant is not a Consumer under the purview of C.P Act .There is no deficiency in service on the part of the Opposite Party for which the Complainant is not entitled for any damage ,cost , interest and compensation in any manner . The Complaint may be dismissed with cost.
During course of hearing the Complainant has filed an affidavit in support of his case. He was examined and cross examined. Some documents were filed by the Complainant in this case which were marked as Exhibit -1 to Exhibit 20. One Manoj kumar Pradhan was also examined and cross examined in this case on behalf of the Opposite Party.
We have heard the learned counsel of both the parties. Perused the complaint petition, version of the Opposite party, the affidavit and depositions of both the witness and the documents filed by both the parties in support of their case. We have gone through all the Exhibits marked by the parties. It is admitted by the both parties that the Complainant has not applied to the Insurance Company soon after the alleged accident. This complaint is filed by the Complainant directly before this Forum on 29-09-2014 after 3 months of the alleged accident dated. 09-06-2014. No explanation was given by the Complainant regarding the reason for non-applying the Insurance Company to settle his claim. So there is no deficiency in service on the part of the OPP. Party for which we can not direct the O.P to release any amount in favor of the Complainant as prayed.
Hence the Complaint is dismissed on contest being devoid of merit. But the Complainant is at liberty to file his claim before the OPP. Party as per provisions of the Insurance policy.
The C.C is disposed of. Supply free copies of this order to both the parties at an early date.
MEMBER PRESIDENT
