IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA. Dated this the 6th day of July, 2010. Present:- Sri. Jacob Stephen (President) Smt. C. Lathika Bhai (Member) Sri. N. Premkumar (Member) C.C.No.18/09 (Filed on 05.02.2009)Between: R. Harikumar, Hari Nivas, Manthanam Muri, Kunnamthanam Village, Mallappally Taluk. (By Adv. Sunitha. K.K) ..... Complainant And: 1. The Divisional Manager, United India Insurance co. Ltd., Changanassery. 2. The Branch Manager, United India Insurance Co. Ltd., Pathanamthitta. (By Adv. Mohammed Musthapha) ..... Opposite parties. O R D E R Sri. Jacob Stephen (President): The complainant filed this complaint against the opposite parties for getting a relief from the Forum. 2. The complainant’s case is that he is the owner of a Honda Activa bearing Reg.No.KL-03 H 2621. The said vehicle was insured with the opposite party vide Policy No.100506/31/06/01/00002120. The said policy is a package policy with Personal Accident coverage and he had paid Rs.561/- as premium including Rs.50/- for Personal Accident Cover. While so, the complainant met with an accident on 21.10.07 at 10 p.m while he was driving the vehicle. Due to the accident, he had sustained serious injuries and he had undergone treatment. For the treatment he had spent Rs.76,214/-. In the accident, the complainant had sustained mental agony and physical disability also. Subsequent to the treatment the complainant approached the opposite parties for getting the treatment expenses and compensation in the light of the policy. But the opposite parties have not given the same so far. The non-payment of the amount demanded by the complainant by the opposite parties is a clear deficiency in service and opposite parties are liable for the same. Hence this complaint for the realization of Rs.1,01,214/- under various heads along with cost of this complaint from the opposite parties. 3. Opposite parties entered appearance and filed a version with the following contentions: According to the opposite parties, the complainant has to prove the injuries, treatment and the treatment expenses. Moreover, as per the terms and conditions of the policy in the name of the complainant, the opposite parties are liable to pay compensation only in case of death, loss of 2 limbs or loss of two eyes or 1 limb and sight of 1 eye and in case of permanent total disablement. But in the instant case, no such events happened to the complainant and hence opposite parties are not liable to the complainant and there is no deficiency from the part of the opposite parties. With the above contentions, opposite parties prays for the dismissal of the complaint. 4. On the basis of the pleadings, the following points are raised for consideration: (1) Whether the complaint is maintainable before the Forum? (2) Whether the complainant is entitled to get a relief as prayed for in the complaint? (3) Reliefs and Costs? 5. The evidence in this case consists of the deposition of the complainant based on his proof affidavit and the proof affidavit of the 1st opposite party and Exts.A1 to A10 and Ext.B1. After closure of evidence, both sides were heard. 6. Point No.1:- The complainant’s case and claim is based on an insurance policy in his name issued by the opposite party. The said policy is marked in evidence as Ext.A8. On a perusal of Ext.A8, it is seen that the period of insurance is from 18,7,06 to 17.7.07. The evidence shows that the accident took place on 21.10.07. This means that at the time of accident there is no valid policy in the name of the complainant. So the complainant’s claim based on an invalid insurance policy is not sustainable. Hence we find that this case is not maintainable and allowable. 7. Point Nos. 2 & 3:- In the light of the finding in point No.1, there is no need to consider this points. 8. In the result, this complaint is dismissed. No costs. Declared in the Open Forum on this the 6th day of July, 2010. (Sd/-) Jacob Stephen, (President) Smt. C. Lathika Bhai (Member) : (Sd/-) Sri. N. Premkumar (Member) : (Sd/-) Appendix: Witness examined on the side of the complainant: Nil Exhibits marked on the side of the complainant: A1 : Discharge Summary dated 21.10.07 to 29.10.07 issued by Thiruvalla Medical Mission Hospital to the complainant. A2 : Discharge Summary dated 3.11.07 to 17.11.07 issued by Kottayam Medical College Hospital to the complainant. A3 : Discharge Summary dated 17.11.07 to 27.11.07 issued by Matha Hospital, Kottayam to the complainant. A4 : Medical Bills for Rs.76,214/- A5 : Photocopy of the First Information Report in Crime No.138/08 issued by Judicial 1st Class Magistrate Court, Thiruvalla. A6 : Photocopy of the Final Report in Crime No.138/08 of Keezhvaipur Police Station. A7 : Photocopy of the Mahazer dated 14.6.08 in Crime No.138/08 of Keezhvaipur Police Station A8 : Photocopy of the Package Policy issued by United India Insurance Co. Ltd., Changanassery. A9 : Treatment Certificate dated 19.3.09 issued by Thiruvalla Medical Mission Hospital A10 : Standing Disability Assessment Board Certificate issued by General Hospital, Pathanamthitta. Witness examined on the side of the opposite parties: Nil. Exhibits marked on the side of the opposite parties: B1 : Photocopy of the Terms and Conditions of the Policy. (By Order) Senior Superintendent. Copy to:- (1) R. Harikumar, Hari Nivas, Manthanam Muri, Kunnamthanam- Village, Mallappally Taluk. (2) The Divisional Manager, United India Insurance co. Ltd., Changanassery. (3) The Branch Manager, United India Insurance Co. Ltd., Pathanamthitta. (4) The Stock File.
| | HONORABLE LathikaBhai, Member | HONORABLE Jacob Stephen, PRESIDENT | HONORABLE N.PremKumar, Member | | 
