Tripura

West Tripura

CC/194/2021

Shri Indrajit Nama. - Complainant(s)

Versus

ICICI Lombard General Insurance Co. Ltd - Opp.Party(s)

Mr.P.S.Chakraborty, Mr.B.Saha

01 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
WEST TRIPURA :  AGARTALA
 
CASE   NO:   CC- 194 of  2021
 
Sri Indrajit Nama,
S/O- Sri Gouranga Nama,
2 No. Bipin Nagar Colony, Kayyamani Para,
Rani Kakraban, P.S. Kakraban,
District- Gomati, Tripura- 799105
 
 
Presently residing at-
C/O- Ashish Malakar,
Kumari Tilla, P.O. Abhoynagar,
P.S.- N.C.C., District- West Tripura.
 
-VERSUS-
 
ICICI Lombard General Insurance Co. Ltd.,
Agartala Branch Office,
Second Floor, RMS Chowmuhani,
Agartala, West Tripura,- 799001. ...........Opposite Party.
 
 
    __________PRESENT__________
 
 SRI GOUTAM DEBNATH
PRESIDENT,
  DISTRICT CONSUMER  
DISPUTES REDRESSAL COMMISSION,
      WEST TRIPURA, AGARTALA. 
 
DR (SMT) BINDU PAL
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL COMMISSION, 
  WEST TRIPURA, AGARTALA.
 
SRI SAMIR GUPTA
MEMBER,
  DISTRICT CONSUMER  DISPUTES  
REDRESSAL COMMISSION,
WEST TRIPURA,  AGARTALA. 
 
 
C O U N S E L
 
For the Complainant : Sri Bijan Saha,
  Sri Partha Sarathi Chakraborty,
  Learned Advocates. 
 
For the O.P. No. : Sri Utpal Das,
   Sri Sampad Choudhury,
   Learned Advocates.
 
 
ORDER  DELIVERED  ON:   01.04.2023.
F I N A L    O R D E R
1. This complaint has been preferred by the complainant Indrajit Nama on the pleading  that his motor bike bearing Registration No. TR 03/L-7716 was duly  insured with the O.P. w.e.f. 17.08.2021 to 16.08.2026. 
2. On 22.11.2021 he suffered injuries in an accident. He was taken to Kalachara Hospital and was shifted to Udaipur Hospital but only to be shifted to GB hospital, Agartala. He was released on 08.12.2021 from G.B. Hospital, Agartala. Police information was lodged  vide Manubazar P.S. G.D. Entry No. 16/21 dated 29.11.2021. He lodged his claim to the Insurance company but the Insurance company denied to settle his claim. 
Hence, this case. 
3. The O.P. Insurance company submitted written objection denying and disputing the claim and in particular in para – 9 of the written objection the O.P. Insurance company pleaded that no premium was paid for P.A. coverage. And in para-10 it is also pleaded that no disability was suffered by the complainant.
 
4. The complainant in para- 6 of the complaint claimed compensation for 20 lakhs for injuries sustained by him and also for the damage of the aforesaid motor bike. 
5. Today Learned counsel of the complainant is absent by petition but considering the fact of this case we are not inclined to grant any adjournment. Hence, basing on the affidavit of the complainant affidavit of the O.P. and documents as available on record and also basing on the written argument of the O.P. we dispose the case on merit.
6. As per the certificate of disability the complainant suffered 35% temporary locomotor disability for 5 lakhs. The complainant has not submitted any document regarding  damage of his motor bike. 
7. The following points are taken up for discussion and decision basing on the materials on record:-
  (i) Whether the case of the complainant is maintainable as per the IRDA guideline and conditions of policy of insurance?
 
DECISION AND REASONS FOR DECISION:-
8. As per the terms an conditions of the policy of Insurance the claimant is entitled to compensation in case:
(i) The Policy holder dies and in that case the legal heirs are entitled to 100% compensation; (ii)100%  in case of loss of 2 limbs or sight of 2 eyes or 1 limb and sight of 1 eye (iii) loss of 1 limb or sight  of 1 eye and in that case 50% of the total sum and (iv) permanent total disablement from injuries other than named in the 3 cases above.
9. In the case in hand, since the complainant suffered 35% temporary locomotor disability for 5 years, his case is not covered by the condition of policy of insurance. Hence, the complainant is not entitled to any compensation.
The point is decided in negative. 
10. In the result, the case stands disposed of as dismissed.
Supply copy of this Final Order free of cost to the both the parties.
 
Announced.
 
 
 
 
SRI  GOUTAM DEBNATH
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL COMMISSION,
WEST TRIPURA,  AGARTALA
 
 
 
 
DR (SMT)  BINDU  PAL
MEMBER, 
DISTRICT CONSUMER DISPUTES 
REDRESSAL COMMISSION, 
WEST TRIPURA,AGARTALA
 
 
SRI SAMIR  GUPTA
MEMBER,
 DISTRICT CONSUMER DISPUTES  
REDRESSAL COMMISSION,
WEST TRIPURA,AGARTALA.
 
 

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