Date of filing : 07-06-2011
Date of order : 20-09-2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.132/2011
Dated this, the 20th day of September 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
Purushothaman, } Complainant
S/o.Alami, R/at “Thamburu Nilayam”,
Kopa, Chengala Vilalge,
Muttathody.Po, Kasaragod Taluk.
(Adv.A.M.Abdul Jamal, Kasaragod.)
The Royal Sundaram Alliance Insurance Co.Ltd, } Opposite party
Sundaram Towers, 46 Whites Road, Royapettah,
Chennai.600014,
Rep. by its General Manager.
(Adv. Thomas Mathew, Calicut)
O R D E R
SRI.K.T.SIDHIQ, PRESIDENT
Case of the complainant bereft of unnecessaries is as follows:
Complainant is the RC Owner of the vehicle bearing Reg.No.KL-14/H 5990 which is insured with opposite party. It met with an accident during the currency of policy and as a result two persons travelled in the car is died and the complainant sustained grievous injuries causing 30% disability. He spent more than `50,000/- towards treatment and medicine. Though he preferred a claim before the opposite party for compensation, they did not take any action to compensate the complainant. Hence the complaint.
2. According to opposite party the policy issued to the complainant in respect of his car does not provide any cover with respect to reimbursement of medical bills, transportation charges, pain suffering etc. Complainant had filed this complaint claiming third party disability claim in respect to the accident that happened due to his negligence as the vehicle was driven by him. The complaint is not maintainable before the Forum since the claim is one for third party liability claim charges which are not payable and those charges can be claimed only before Motor Accident Claims Tribunal and the complainant cannot expect more than what is permissible under the scope and purview of the policy.
3. Complainant filed affidavit in lieu of examination-in-chief as PW1. Exts A1 to A10 marked on his side. On the side of opposite party G.Vinay Prakash their Assistant Manager filed affidavit as DW1 and Ext.B1 marked on their side. Both sides heard. Documents perused.
4. The issues to be settled in this complaint are:
1. Whether the complaint is maintainable before the Forum?
2. Whether there is any deficiency in service on the part of opposite party?
3. Whether the complainant is entitled for any relief? If so, what is the order as to relief?
5. For the sake of brevity all the points are considered together.
The contention of opposite party is that the complaint is not maintainable since the complainant made his claim that of a third party and third party claims are excluded from the purview of the Consumer Protection Act. According to opposite party there is a special law for adjudicating the third party accident claims and therefore the complainant ought to have been submitted his grievance before that Authority. This contention is not acceptable. Complainant is not a third party in respect of the policy issued to him. He is claiming the compensation on the basis of the policy issued by the opposite party. The said policy document is marked as Ext.A10 and it’s copy is marked on the side of opposite party as Ext.B1. Sec.III of the Ext.A10 policy deals with the Personal Accident Cover for owner-driver. Complainant is claiming the compensation respect of his personal accident covered by this clause in the policy and the Consumer disputes Redressal Fora constituted under the Consumer Protection Act has ample jurisdiction and authority to settle those disputes.
6. Now the next point to be considered is whether the nature of injuries sustained to the complainant comes within the purview of Sec. III of the policy as aforesaid or not? The schedule contained in Sec.III of Ext.A10 (Ext.B1) policy shows that the owner driver is entitled for compensation if he suffers (i) Death, (ii) loss of two limbs or sight of two eyes or one limb and sight of one eye(iii) loss of one limb or sight of one eye or (iv) Permanent total disablement from injuries other than named above.
7. Ext.A5 disability certificate produced by the complainant shows that the complainant is suffering with a disability of 30%. But the said disability will not come within the purview of the schedule as per the Personal Accident cover for owner-driver as contained in the policy.
8. The Exhibits produced by the complainant shows that he has suffered grievous injuries in the accident and he spent a big amount for treatment and medicine. Unfortunately the nature of injuries sustained to him is not coming within the limited provisions of Personal Accident cover contained in the policy though he is paying additional premium to cover the risk of owner cum driver.
9. This is the plight of a driver cum owner of a vehicle who sustains injuries in motor accident arising during the course of driving his own vehicle. If he was a driver and he was driving the vehicle in the capacity of an employee then he could have claimed compensation under the Workman’s Compensation Act from his employer. But in the instant case the injuries sustained to the complainant are not coming under any of the provisions of the policy nor he can claim compensation under any other act. We think it is highly necessary to make suitable amendments in the Personal accident cover for owner-driver of a vehicle in a broader spectrum so as to cover any injury, sustained to him in an accident when he himself driving the vehicle. For this purpose insurer can collect Personal Accident premium on higher rates if necessary.
In the light of the above discussion we hold that there is no deficiency in service on the part of opposite party in repudiating the claim of the complainant and therefore the complaint is dismissed with no order as to costs.
MEMBER MEMBER PRESIDENT
Exts.
A1. Copy of F.I.R.
A2. Photocopy of Accident Register Cum Wound certificate issued of
CarewellHospital,Kasaragod.
A3.IP.No.8758/10 Discharge summary of the complainant.
A4.IP No.3686/10 Discharge summary of the complainant
A5.18-03-2011 Disability Certificate.
A6.Series Bills issued by Care Well Hospital, Kasaragod.
A7.Certificate of Insurance.
A8.1-4-2011 Copy of lawyer notice.
A9..Postal acknowledgement card.
A10.The Zero Tension Car Insurance Policy.
B1. Photocopy of Carshield Private Car Package Policy
PW1. Purushothaman
DW1. G.R.Prakasam.
MEMBER MEMBER PRESIDENT
Pj/
