West Bengal

Bankura

CC/39/2023

Rachana Gorai - Complainant(s)

Versus

ICICI Lombard House - Opp.Party(s)

Ardhendu Sekhar Ghosh

09 Nov 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 39/2023

             Date of Filing: 28.04.2023

Before:                                        

1. Samiran Dutta                             Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member.                                    

 

For the Complainant:  Ld. Advocate Ardhendu Sekhar Ghosh

For the O.P.: Ld. Advocate Chandi Charan Adhvaryyu

 

Complainant 

Rachana Gorai, W/o Late Baban Gorai, R/o.Jambedia, P.O. Keshiara, P.S. G. Ghati, Dist. Bankura

Opposite Party

ICICI Lombard House, 414 Veer Savarkar Marg (Near Siddhi Vinayak Temple), Maharashtra, PIN- 400 025

 JUDGEMENT          

                                                                                                                                                 

Dated:09-11-2023

The record is taken up for delivery of judgement.

The Complainant’s case is that her husband Baban Gorai, since deceased, was the registered owner of Motor Cycle No. being WB 68 Z 7208 insured with O.P./Insurance Co. Policy No. being 3005/42095211/10722/000 valid from 25/09/2018 to 24/09/2023. But on 05/01/2023 her husband met with a road traffic accident in which he died and the matter was reported to Gangajal Ghati P.S. vide FIR No.03/2023 as well as to the O.P./Insurance Co. by preferring claim application dated: 13/02/2023 claiming compulsory P.A. Cover of Rs.15 Lakh. Despite service of legal notice no reply was received from the O.P. regarding the claim of the Complainant. Hence this case.

O.P./Insurance Co. submitted a written version contending inter allia that due information of the accident along with the claim application was not given to the O.P. and as such the Complainant is not entitled to get any relief in this case.

.                                                                                         -: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents including written argument on both sides the Commission finds that there is no dispute with regard to the factum of accident in which the insured lost his life. But at the time of hearing Ld. Advocate for the O.P. by citing relevant circular of IRDAI dated: 11/12/2018 has contended that the Complainant is entitled at best Rs.10 Lakh as P.A. Cover on the accidental death of her husband as stipulated in the Policy itself.                                                                                                                                                                                                           

                                                                                                                                                                                 Contd……p/2

                                                                                                             Page: 2

Ld Advocate for the Complainant has however contended that IRDAI has enhanced the P.A. Coverage for Owner Driver to Rs.15 Lakh and as such the Complainant is entitled to get the same benefit. It has brought to the notice of the Commission that IRDAI Authority by Circular dated: 20/09/2018 vide No.IRDAI/NL/CIR/MOTP/158/09/2018 has notified that a minimum CSI of Rs.15 Lakh shall be provided under CPA cover for Owner Driver to all classes of vehicles at the premium rate of Rs.750/- per annum for Annual Policy.

The Policy of the insured commenced from 25/09/2018 and continued up to 24/09/2023 and as such said Circular of IRDAI is applicable considering the date of accident having taken place on 05/01/2023. The Complainant is therefore entitled to get P.A. cover of Rs.15 Lakh on the accidental death of her husband as Owner Driver having possessed valid Driving License.

Hence it is ordered……..

That the case be and the same is allowed on contest but without cost.

The O.P. is directed to pay to the Complainant Rs.15 Lakh as compensation after deduction of enhanced rate of premium as applicable within one month from this date in default law will take its own course.

Both parties be supplied copy of this order free of cost.

 

 ____________________                 _________________         

HON’BLE   PRESIDENT            HON’BLE MEMBER