Karnataka

Bidar

CC/16/2016

Baborao S/o Hanamnthrao Parshetty - Complainant(s)

Versus

ICICI Lombard Genaral Insurance Company Limited Gulbarga - Opp.Party(s)

RAJKUMAR K

17 Apr 2017

ORDER

 

 

::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

AT BIDAR::

 

 

                                                                                                              C.C.No. 16/2016

 

                                                                                                  Date of filing : 10/03/2016

 

                                                                                            Date of disposal : 17/04/2017

 

 

 P R E S E N T:        (1) Shri. Jagannath Prasad Udgata,

                                                                                         B.A., LL.B.,

                                                                                                       President.

    

                                   (2) Shri. Shankrappa (Halipurgi),

                                                                                 B.A.LL.B.,

                                                                                           Member.

                                 

                                               

COMPLAINANT/S:          Baburao, s/o Hanmanth Rao Parshetty,

                                          Age: 38 years, Occ: Painting work,

                                          H.no.3-5-141/1/A Eden Bagh Ramkot Abids,

                                           Hyderabad. Now residing at village Shivani,

                                           Tq.Bhalki,Dist.Bidar.

 

                                       ( By Shri. Rajkumar.K.,Advocate )

 

                                                    VERSUS

 

OPPONENT/S   :-            Branch Manager,

                                           M/s ICICI Lombard General Insurance Co.Ltd.,

                                         Division Office, 1-4-5A, Kothare complex,

                                           Court road, Gulbarga,Dist.Gulbarga.

                                                                                                                                                                                               

 

                                        (By Shri. Satish Kulkarni,Advocate )

                                                

 

::   J U D G M E N T  ::

 

By Shri. Jagannath Prasad Udgata, President.

 

 

                    This complaint is filed by the above said complainant U/s.12 of the Consumer Protection Act., 1986, against the O.P which  reads  as hereunder.

2.            Complainant is owner of Honda motor cycle bearing                   Reg. No. TS-09EC-6608  The said motor cycle was insured with the O.P. comprehensively interalia paying   Rs.50/- premium towards the compulsory PA Cover and it was valid for the period from 24/10/2014 to 23/10/2015 mid night.  The complainant avers that on 07/07/2015 at about 2100 hours, while complainant was riding his motor cycle form Fire Station Bidar towards Madival Chowk, near Dr.Biradar Hospital, from the opposite direction one heavy vehicle came in high speed with full headlights, blurring the vision of, the complainant and dashed to the motor cycle.  The bike fell down and as a result he sustained multiple injuries like fracture of tibia and fibula and fracture of calceneum and other injuries.  For the said injuries the complainant took treatment in various hospitals and spent more than Rs.1.50 lakhs and due to the said accident he became disabled.  The complainant avers that after the accident, the complainant approached the O.P. for claiming payment of Rs.1,00,000/- as per the terms and conditions of insurance policy issued by the O.P. but, the O.P. did not pay any heed.  In spite of issuing legal notice the O.P. had not replied or paid the premium amount to the complainant.  Hence the complainant approached this Forum claiming compensation from the O.P.

 

 

3.                  After receipt of Court’s notice the O.P. has appeared before the  Forum, and filed it’s written version.  Therein the O.P. admitting the vehicle insured with the O.P. and validity of insurance  denied that the complainant was the  owner of the vehicle bearing no.TS09-EC-6608 for want of personal knowledge and  the O.P. denied that the accident took place on 07/07/2015 at about 21 hours and he took treatment in private hospital and spent more than Rs.1,50 lacks.  Further the O.P. denied the contents of para no.4 to 6 regarding the complainant approached the O.P. and requested for the payment of Rs.1,00,000/- and the complainant has issued legal notice to the O.P. company on dated 04/01/2016 for paying of Rs.1,00,000/- for compensation and  it further denied that this Forum has got jurisdiction to try the case and there  is no cause of action to file the complaint.  It is further denied that the complainant is residing within the jurisdiction of this Hon’ble Forum.

 

4.                   The O.P. declined any liability terming the complaint a  premature one.  As per the policy conditions the complainant after the accident had to intimate the accident report to the company and he had to submit all documents before the O.P. Company, but, in this case the complainant has not at all intimated the accident to the Company and till today the company has not received any claim from the complainant and the O.P. Company has to rebutted the claim of the complainant thereby, the question of filing this complaint does not arise.  Hence this complaint be dismissed with heavy costs.    

 

5.         Considering the rival contentions of the parties, the following points arise for our consideration:-

 

1. Does the complainant prove that, there has been a deficiency of service in the part of the Opponent?

 

2. What order ?

 

6.         Our answers to the points stated above are as follows:-

 

1. In the affirmative.

               2. As per the final order, for the following:

 

                                                               :: REASONS ::

 

7.         In the instant case, though the circumstances leading to the accident narrated by the complainant and narrations of the complainant before the Police in Ex.P1 varies greatly, the fact remains, there was an accident to the vehicle and the complainant was injured in the said accident which occurred at Bidar.  Hence part of the cause of action arising at Bidar, on 07/07/2015, this Forum has the jurisdiction to try the resent case as per section 11(c) of the C.P. Act, 1986.

8.         As far as the defence of the opponent feigning  ignorance of the accident, the owner ship of the vehicle and further that, no claim was ever raised with them, we are of the opinion  that, the defence is for name sake and the opponent has never given any serious thoughts to the same.  It is born out of record that a legal notice was sent to the opponent as far back as on 04.01.2016 and in the face of the stoic silence of the Insurer, the complainant had to approach this Forum to assuage his grievances.

9.         That apart, the case being filed in this court on 10.03.2016 and the opponent putting up appearance out right from 31.03.2016, the facts of the case and the supporting documents filed along with the complaint were made thread are to the Insurer.  Would he has been prudent, efforts for an amicable settlement could have been proposed and the dragging of the  case could have been prevented.  But alas, the Insurer had opted to adopt a labyrinthic word of games to delay the just entitlement of the complainant.

 

10.       In course of arguments, the opponent was vociferous that, there being no deprivation of limbs or death, the Insurer in not liable to pay the insured amount oblivious of the descriptions in clause IMT 15 (Scale of compensation) at Ex.P9.  Sub clause(iv) entitles the insured 100% scale of compensation in case of permanent disablement and collection of extra premium of Rs.50% for P.A. cover for owner- Driver is quite evident in section B of the ”Schedule of premium” described in the policy document  (Ex.P.9).

 

11.       It has been held by the Hon’ble Apex Court in a case reported in 2008 A.C.J. 1441(S.C.) that, “when the insured paid a special premium covering the personal risk as per the limitation of the  policy, it has to be paid and that, insurance company cannot escape it’s liability”.  The ratio of the decision of the supreme court squarely applies to the case in hand and we unhesitatingly hold that, in dillydallying the insured amount to the complainant, opponent has committed a deficiency of service.

 

12.       Point No.2.   Even though, the complainant has produced seers

of medical/ hospital bills trying to substantiate his expenditures for treatment, those are not relevant to the present case and are being ignored.

 

13.       The  fact but remains, from Ex.P.1 (F.I.R. & complaint), Ex.P.2 (Crime detail form) , Ex.P3 (I.M.V. report), Ex P4 (charge sheet), Ex,P5 (would certificate) it is proven beyond doubt that, the complainant  had sustained multiple injuries in Motor vehicle accident occurred on 07.07.2015 at Bidar.

 

14.       The complainant has produced Disability certificate and identity card issued by Govt. of Karnataka as Ex.P.10 in which at page-7 his physical impairment has been assessed at 75% and the same has been certified as permanent.  There being an unchallenged permanent disability, we hold that, the complainant is entitled for 100% compensation as per cl.  IMT 15 of the policy and hence we proceed to pas the following:-

:: ORDER ::

   

1. The opponent is herein directed to pay insured Rs.1,00,000/- to the complainant along with interest @ 12% p.a. calculated from the date of accident i.e. 07.07.2015 till realisation.
2. The opponent is further directed to pay a sum of Rs.10,000/- as compensation towards mental agonies & physical sufferings together with a sum of Rs.5,000/- as litigation expenses.
3. Four weeks time granted to comply this order.

 

(Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 17  day of April-2017).

 

 

   Sri. Shankrappa H.                                             Sri. Jagannath Prasad                                  

Member.                                                                President.      

 

Documents produced by the complainant

1. Ex.P.1- F.I.R. &complaint in Cr.No.153/2015 of Bidar Traffic P.S.
2. Ex.P.2- Crime detail form.
3. Ex.P.3-I.M.V. report.
4. Ex.P.4-Charge sheet.
5. Ex.P.5- Wound certificate.
6. Ex.P.6- Office copy of legal notice.
7. Ex.P.-7 –Driving licence (copy).
8. Ex.P.-8- Certificate of Registration.
9. Ex.P.-9- Insurance certificate cum policy schedule.
10. Ex.P.10- Disability certificate (original).

 

Document produced by the Opponent/s

 

1. Ex.R.1- Insurance certificate cum policy schedule (akin to Ex.P9).

 

 

Sri. Shankrappa H.,                                             Sri. Jagannath Prasad,                                  

       Member.                                                                      President.     

 

 

sb