SMT. RAVI SUSHA : PRESIDENT
Complainants filed this complaint U/S 35 of the Consumer Protection Act 2019 for getting an order directing opposite party to pay a sum of Rs.15,00,000/- with interest and also cost of the proceedings.
The brief facts of the complainants case are that the complainants are the legal heirs of deceased V.C.Muhammad Rafnas . The deceased was having a valid driving license and insurance of his scooty bearing No.KL 78-7733 .The period of insurance coverage is from 10/9/2020 to 9/9/2025. . On 19/4/2021 at about 10.00 p.m the insured met with an accident. In the accident Muhammad Rafnas sustained grievous injuries and he was succumbed to death. His postmortem was conducted on 20/4/2021. The Chakkarakkal police was registered a crime No.206/2021 under sec.279 and 304(A) of IPC. Since the vehicle was validly insured with the OP. After the death of insured, the complainants approached OP to get the compensation but the OP denied to discharge the claim. As per the norms of the policy issued by the OP, they are liable to pay a sum of Rs.15,00,000/- to the legal heirs of the deceased. The denial of the claim by the OP is absolutely illegal and deficiency of service and unlawful trade practice. Hence this complaint.
After receiving notice, OP entered appearance and filed their written version stating that the vehicle bearing No.KL 78/7733 in which the Muhammad Rafnas was travelling did not have a valid own damage policy at the time of accident ie, on 19/4/2021. PA coverage was also valid from 17/6/2019 to 16/6/2020. PA policy for one year was issued to insured and premium of Rs.331/- was taken against it. The said accident date does not cover in policy period. The complainant has not intimated any claim nor has submitted any single document before the OP. The claim is not maintainable due to non coverage of policy as PA cover. Policy period of date 17/6/2019 to 16/6/2020 for PA coverage does not cover accident date of loss. Hence for non coverage of policy and non intimation of claim , OP cannot settle the claim and the complaint is not admitted. Hence prayed for the dismissal of the complaint.
At the evidence stage, 1st complainant filed his proof affidavit and documents. He was examined as PW1and marked Exts.A1 to A12. PW1 was subjected to cross-examination by the OP. On the side of OP, no oral evidence was adduced. The subject policy was produced and marked as Ext.B1. After that the learned counsel of OP has filed written argument note .
We have perused the available documents, policy terms and conditions and submissions of both parties.
OP’s main defense is that the vehicle bearing Reg.No.KL-78/7733 in which the insured Muhammed Rafnas was travelling did not have a valid “Own damage policy” at the time of the accident happened on 19/4/2021. The own damage policy was valid from 17/6/2019 to 16/6/2020. PA coverage was also valid from 17/6/2019-16/6/2020. OP produced the subject policy, which was marked as Ext.B1. On perusal of Ext.B1 policy, the period of insurance(own damage) was from 17/6/2019 to 16/6/2020. Third party liability, period from 17/6/2019 to 16/6/2024, period of CPA cover as from 17/6/2019 to 16/6/2020.
Here the case of complainant is that the accident to the insured vehicle No.KL78-7733 was happened on 19/4/2021. The insured V.C.Muhammed Rafnas was riding the insured vehicle at that time and he succumbed to death due to the injuries sustained t him in the said accident. He was having valid driving license during the accident date(Ext.A9) post mortem was conducted and the cause of death was found as due to injury sustained to chest(Ext.A3). SHO of the concerned police station has registered a crime under Sec.279 and 304 (A) of IPC and FIR was taken (Ext.A1). Complainant alleged that the OP failed to disburse the own damage policy benefit, entitled to the insured. Complainants are the legal heirs of the deceased insured V.C Muhammed Rafnas. Hence issued lawyer notice to OP but no steps were taken by OP to get the policy benefit.
On perusal of the documents submitted by the complainants, though the insured succumbed to death due to injuries sustained in the accident, the policy certificate clearly shows that owner-Driver policy period and own damage policy period was for a period of only one year from the date of commencement of the policy. On perusal of policy certificate Ext.A6(Ext.B1), it is clearly mentioned that own damage insurance cover and CPA cover period was from 17/6/2019 to 16/6/2020. Only third party liability was from 17/6/2019 to 16/6/2024. So considering the period of coverage as per the insurance certificate, insured vehicle is not having policy coverage on the date of accident 19/4/2021. Hence the complainants(legal heirs of insured (V.C.Muhammed Rafnas) also are not entitled to get policy benefit.
In the result, the present complaint is dismissed. No order as to cost.
Exts:
A1- FIR
A2-Charge sheet
A3-Death certificate
A5copy of RC
A6- Insurance policy
A7-Famly membership certificate
A8-legal heir certificate
A9- Driving license
A10-Copy of lawyer notice
A11- Postal receipt
A12-Acknowledgment card
PW1-Muhammed Rafeeq- 1st complainant
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
eva
/Forwarded by Order/
ASSISTANT REGISTRAR
