Haryana

Karnal

CC/572/2019

Smt. Kanta Devi - Complainant(s)

Versus

HDFC ERGO General Insurance Company Limited - Opp.Party(s)

S.S.Moonak

15 Jun 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                       Complaint No. 572 of 2019

                                                        Date of instt.02.09.2019

                                                        Date of Decision:15.06.2022

 

Smt. Kanta Devi, aged about 40 years, wife of late Shri Baljeet Singh son of Shri Sumer Singh, resident of Rajmal Panna, village Gagsina, District Karnal (Aadhar card no.3803 8238 0180)

 

                                               …….Complainant.

                                              Versus

 

HDFC ERGO General Insurance Company Limited, through its Branch Manager, Sector 12, opp. Mini Secretariat, Karnal.

 

                                                                      …..Opposite Party.

 

Complaint Under Section 12 of the Consumer Protection Act, 1986 and after amendment Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.

              Sh. Vineet Kaushik…..Member  

      Dr. Rekha Chaudhary…….Member

                   

 Argued by: Shri S.S. Moonak, counsel for the complainant.

                    Shri Sanjeev Vohra, counsel for the opposite party.

 

                    (Jaswant Singh President)

 

ORDER:   

                

                   The complainant has filed the present complaint Under Section 12 of the Consumer Protection Act, 1986 as after amendment under Section 35 of Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that the husband of complainant namely Baljeet Singh son of Late Shri Sumer Singh was registered owner of the truck bearing no.HR-45-B-7942 and the same was insured with OP, vide policy no.2315 2009 1631 4403 002, valid from 14.11.2017 to 13.11.2018. The policy was package/comprehensive including Personal Accident Claim. The extra premium was paid as Rs.100/- for P.A. Claim of the deceased. The husband of complainant died in a roadside accident on 09.09.2018. The matter was reported to the Local Police of Police Station Gharauna, bearing FIR no.0559/2018, Under Section 279/304-A IPC. His post mortem was conducted by the Doctors of Civil Hospital, Karnal on 10.09.2018. After the death of her husband, complainant lodged the claim for personal accident claim and completed all the formalities for settlement of the claim but till today no reply has been received by the complainant from the OP, despite several visits and requests. Complainant is a widow lady and is having minor children. The complainant has suffered great loss due to non-settlement of claim amount. All the relevant documents as demanded by the OP has already been submitted by the complainant but no response has been received by the complainant. In this way there is deficiency in service and unfair trade practice on the part of the OP. Hence, complainant filed the present complaint seeking direction to the OP to pay Rs.2,00,000/- of the Personal Accident Claim of deceased Baljeet Singh alongwith interest @ 24% per annum and also to pay a sum of Rs.50,000/- as compensation for mental agony and as litigation costs.

2.             On notice, OP appeared and filed its written version raising preliminary objections with regard to maintainability; locus standi and cause of action. On merits, it is pleaded that no intimation has ever been received regarding the death of life assured. It is further pleaded that complainant never lodged/registered any claim against the coverage of owner-driver death, thus, without lodging of any claim before OP, complainant cannot claim any compensation. As per policy terms and conditions, it is required to lodge the claim with the insurance company within stipulated time. And only after lodging of claim, the insurance company decides the claim on merits, subject to the coverage, terms and condition as applicable under the policy. There is no deficiency in service on the part of the OP and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Complainant has tendered into evidence her affidavit Ex.CW1/A, copy of insurance policy Ex.C1, copy of FIR Ex.C2, copy of postmortem report Ex.C3, copy of legal notice Ex.C4, copy of postal receipt Ex.C5, copy of driving licence of Baljeet Singh Ex.C6, copy of Registration Certificate of Truck no.HR-45B-7942 and closed the evidence on 13.03.2020 by suffering separate statement.

5.             On the other hand, learned counsel for OP has tendered into evidence affidavit of Shweta Pokhriyal Legal Manager Ex.RW1/A and closed the evidence on 31.08.2021 by suffering separate statement.

6.             We have heard the learned counsel for the parties and have perused the case file carefully.

7.             Learned counsel for complainant, while reiterating the contents of the complaint, has vehemently argued that husband of complainant namely Baljeet Singh was registered owner of the truck bearing no.HR-45-B-7942 and the same was insured with OP. The policy was package/comprehensive including Personal Accident Claim. The extra premium was paid as Rs.100/- for P.A. Claim. The husband of complainant died in a roadside accident on 09.09.2018. The matter was reported to the Local Police as well as to the OP. Post mortem of the deceased was conducted in the Civil Hospital, Karnal. After the death of her husband, complainant lodged the claim for personal accident claim and completed all the formalities for settlement of the claim but till today no reply has been received by the complainant from the OP, despite several visits and requests. Hence, prayed for allowing the complaint.

8.             Per contra, learned counsel for OP, while reiterating the contents of written version, has vehemently argued that complainant never lodged any claim with the OP against the coverage of owner-driver death, thus, without lodging of any claim before OP, complainant cannot claim any compensation. Hence, prayed for dismissal of the complaint.

9.             Admittedly, the vehicle of the complainant insured with the OP. The husband of complainant met with an accident and thereafter died, during the subsistence of the insurance policy.

10.           The OP has taken a plea that the present complaint is premature as the till date no claim has been filed by the complainant.

11.           The onus to prove her case lies upon the complainant. The said plea taken by the OP has not been rebutted by the complainant by leading any cogent and convincing evidence. Complainant has miserably failed to prove on record that she had informed the OP with regard to the death of her husband and had submitted the claim with the OP. Thus, it has been proved on the record the complainant has not intimated the OP with regard to the death of her husband. The claim of the complainant has not been repudiated by the OP till date. Hence, in view of the above, we are of the considered view that complainant has failed to submit the claim to the OP. Thus, at this stage, the complaint of the complainant is premature and OP is not deficient in service.

12            In view of above observation, we dispose of the present complaint with the liberty to the complainant to lodge the claim with the OP and on receipt of claim, OP is directed to settle the claim of the complainant within one month. No order as to costs. This order shall be complied with accordingly. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:15.06.2022

                                                                       

                                                                President,

                                                    District Consumer Disputes

                                                   Redressal Commission, Karnal.

 

       

                (Vineet Kaushik)        (Dr. Rekha Chaudhary)      

                     Member                        Member