DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ROPAR

Consumer Complaint No.13 of 2021        Date of institution: 19.02.2021

                                              Date of Decision: 16.06.2022

1. Jashanpreet Singh aged about 14 years minor son of Sarwan Singh
2. Harman Kaur, aged about 12 years, minor daughter of Sarwan Singh
3. Norata Ram aged about 73 years son of Sant Ram
4. Swarni @ Swaran Kaur, aged about 78 years wife of Norata Ram son of Sant Ram

All residents of Village Bama Kulian, PO Bela, Tehsil Chamkaur Sahib, District Rupnagar.

….Complainants

Versus

1. Iffco Tokio General Insurance Company Limited, having its Branch at Bhatha Sahib Chowk, Rupnagar, Tehsil & District Rupnagar through its Branch Manager.           
2. Iffco Tokio General Insurance Company Limited, having its registered office at Iffco Sadan, C-1, District Centre, Saket, New Delhi-110017 through its Managing Director/authorized signatory 

                                                             ……..Opposite Parties

Complaint under Consumer Protection Act.

Quorum:   Shri Ranjit Singh, President.

                       Mrs. Ranvir Kaur, Member

Present:    Sh. A.S. Takkar, Advocate, for complainant  

Sh. Amit Gupta, Advocate, for OPs  

Order dictated by :-  Shri Ranjit Singh, President

Order

The present order of ours will dispose of the above complaint filed under Consumer Protection Act, by the complainant against the Opposite Parties on the ground the complainants No.1 & 2 are the minor son and minor daughter, claimant Nos.3 & 4 are the old aged parents of the deceased Sarwan Singh son of Norata Ram, resident of Village Bama Kulian, Tehsil Chamkaur Sahib, District Rupnagar, respectively. Both minors are residing under the care and custody of the complainants No.3 & 4 and Hardev Singh, real brother of the deceased Sarwan Singh. Sarwan Singh was owner of motorcycle make Bajaj CT-100, Alloy bearing registration No.PB-71-A-3656, model 2019, chassis No.L35061, Engine No.L11601, which was insured with the OPs bearing master policy No.1-15VK44WRP400 dated 04.07.2019 valid from 04.07.2019 to 03.07.2024. As per the insurance policy, the personal accident claim is to be given under section III for registered owner driver of the vehicle in question to the extent of Rs.15,00,000/-. It is further alleged that on the fateful day of 15.9.2019 at about 11.00 AM Sarwan Singh son of Norata Singh, along with RajwinderKaur wife of Sarwan Singh, Sukhwinder Kaur wife of Hardev Singh and Raman @ Ramanpreet Kaur daughter of Hardev Singh were on motor cycle were going from Chamkaur Sahib towards Ludhiana when they reached near Dholran Bridge, a white coloured car bearing registration No.PB-10-FC-0558, which being driven by one Jagtar Singh son of Piara Singh resident of Ahmedgarh in a very rash and negligent manner came from Ludhiana side and struck against the motor cycle and dragged all the motor cyclists and again struck against the Khachhar Rehra/Ghorhi Rehra and there also the Gorhi was died at the spot and the owner of the said Gorhi also suffered multiple injuries out of the said accident. Sarwan Singh father and Rajwinder Kaur mother of the complainants No.1 & 2 were died at the spot, whereas Sukhwinder Kaur wife of Hardev Singh sustained multiple injuries and she is still on the bed and her treatment is going on from PGI, Chandigarh. Postmortem of deceased Sarwan Singh was conducted by the Civil Hospital, Rupnagar. Sarwan Singh was having a valid driving license and he was earning Rs.5000/- per day from his own truck Tata-407 and his family is fully dependent upon it. Thereafter, the complainants No.3 & 4 approached to the OPs and submitted all the requisite documents with it but the OPs despite completed all the formalities, not paid compensation/claim amount to the complainant. The aforesaid act of the opposite parties amounts to deficiency in service, unfair trade practice and it has caused mental as well as physical agony and also caused inconvenience to the complainant. Vide instant complaint, the complainant has sought the following reliefs:-

1. To make the payment of compensation to the tune of Rs.15,00,000/- along with interest upto date under the PA cover under Section III for registered owner cum driver in lieu of death of Sarwan Singh son of Norata Singh. 
2. To pay Rs.1,00,000/- to the complainant as compensation
3. To pay Rs.30,000/- as litigation expenses. 

3. Upon notice, the O.Ps. has filed written reply taking preliminary objections; that  the complainants have not come to this Hon’ble Commission with clean hands; that the complaint is a violation of conditions of Limitation as to use and there is no need to discuss the detail of the conditions. On merits, it is stated that the OP rejected the claim of the complainants on the ground that the registered seating capacity of vehicle as per Registration Certificate is 2 but as per SLA report and FIR report, 4 persons were seating in the vehicle at the material time of accident. This is violation of the insurance policy terms and conditions. The OPs also stated that as per condition No.1 of the policy schedule notice shall be given in writing to the company immediately upon the occurrence of any accidental loss or damages in the event of any claim and thereafter the insured shall give all such information and assistance as the company shall require notice shall be given in writing to the company in respect of any occurrence which may give rise to a claim under this policy. In case of theft or criminal act which may be subject of a claim under this policy the insured shall give immediate notice to the police and cooperation with the company in security the conviction of the offender. Thus, alleging no deficiency in service on its part has prayed for the dismissal of complaint in total.

3. The complainant has tendered certain documents in the shape of evidence as Ex.C1 to Ex.C9 and closed the evidence. On the other hand, the OPs has tendered certain documents as Ex.OP1 to Ex.OP3 in the shape of evidence.

PERSONAL ACCIDENT COVER FOR OWNER DRIVER.

Subject otherwise to the terms exception condition and limitation of the policy. The company  undertakes to pay compensation as per  the following scale  for  bodily  injuries, death  sustained by the owner driver of the vehicle ,  in  direct  connection with the vehicle  insured or whilst driving of  mounting into /dismounting  from the vehicle insured  or whilst  travelling in  it as a co-driver , caused by  violent accidental external and visible means which independent of any other cause shall  within six calendar months or such injury result in:

Provided always that:

a)   Compensation shall be payable under only one of the items(i) To (iv) above in respect of  owner driver arising out of any one occurrence and the total liability of the insurer  shall not in the  aggregate exceed the sum of Rs.15,00,000 during any one period of  insurance.

b)    No compensation shall be payable in respect of death or bodily injury directly or indirectly  wholly  or in  part arising or resulting from or traceable  to  (1)  Intentional self-injury suicide or attempted suicide  physical defect or  infirmity or (2) An accident happening  whilst  such person is under the influence of intoxicating liquor or drugs.

c)   Such compensation shall be payable directly to the insured or to his/her legal representatives whose   receipt shall be the full discharge in respect of injury to the insured.

This cover is subject to:-

1. The owner driver is the registered owner of the vehicle insured herein.
2. The owner driver is the insured named in this policy.
3. The owner driver  holds on effective driving license, in accordance with the  provisions of Rule 3 of the Central Motor Vehicle Rules 1989, at the time of accident.

7.       It is important to mention here that the reasons for repudiation do not find any place in the above described terms and conditions and thus the general terms and conditions of the motor policy cannot be said to be applicable. The claim of the complainant clearly falls within the four corners of above described terms and conditions as deceased  was the registered owner of the vehicle at the time of accident, and he was also insured under the policy and was holding valid and effective driving licence, thus, the repudiation of the claim by the insurance company is not justified and as such the complaint stands allowed and the complainant is entitled to a sum of Rs. 15.00 Lakh along with  interest @ 9% P.A from the date of repudiation i.e. from 1-7-2020. . The amount be apportioned between the complainants in share of 45% each in favour of complainants No.1 & 2 (minors) and 5% each in favour of complainants No.3 & 4 i.e parents of deceased. The complainants are also entitled Rs.20,000/- as compensation on account of physical and mental harassment along with Rs.11,000/- as litigation expenses The OPs are directed to comply with the said order within period of 30 days from the date of receiving the certified copy of this order. The certified copies of this order be supplied to the parties forthwith, free of costs, as permissible under the rules and the file be indexed and consigned to Record Room.            

        Announced

        June 16, 2022

(Ranjit Singh)

                                         President

(Ranvir Kaur)