Complaint filed on: 25.02.2016
Complaint Disposed on:27.01.2017
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT CHICKMAGALUR.
COMPLAINT NO.13/2016
DATED THIS THE 27th DAY OF JANUARY 2017
:PRESENT:
HON’BLE SRI RAVISHANKAR, B.A.L, LL.B., - PRESIDENT
HON’BLE SMT B.U.GEETHA, M. COM., LL.B., -MEMBER
HON’BLE SMT H. MANJULA, B.A.L., LL.B., - MEMBER
COMPLAINANTS:
1.Sri. R.Chandru,
S/o Late Rangappa,
Aged about 50 years,
2.Smt. Vijaya,
W/o R.Chandru,
Aged about 48 year,
Both R/at Tamil Colony,
Santhe Market Road,
Chikmagalur.
(By Sri/Smt. M.R Yathiraj, Advocate)
V/s
OPPONENTS:
1. Manager,
National Insurance Co., Ltd.,
Shimoga Division,
1st Floor, S.S Complex,
Above Harsha,
Bangalore-Honnavara Road,
D.B No.151, Shimoga.
2. Manager,
National Insurance Co., Ltd.,
Chikmagalur.
(OP-1 & 2 By Sri. N. Devendra Kumar., Advocate)
By Hon’ble President Sri. Ravishankar,
:O R D E R:
The complainant’s filed this complaint U/s 12 of the Consumer Protection Act 1986 against Op Nos. 1 & 2 alleging deficiency in service in not settling the claim towards death of their son. Hence, prays for direction against Op Nos. 1 & 2 to pay the claim amount of Rs.4,00,000/- along with interest 18% p.a. and compensation for deficiency in service.
2. The brief facts of the complaint is that:
The complainant’s son Shashikumar and his friend B.Arun while riding bike bearing registration no.KA-Y-3270 met with an accident on 27.02.2014 at 08-45 P.M near Uppalli in front of Malabar Tyre Shop, Chikmagalur, due to which the son of the complainant’s died in the accident. This bike rided by son of the complainant is the insured with Op No.1 and is valid from 30.10.2013 to 29.10.2014. The accident took place during the policy in this force. The complainant’s being the legal heir of Shashikumar claimed for compensation for Personal Accident Benefit. But the Ops have not settled the claim. Hence, complainant’s issued legal notice and called upon Op No.1 & 2 to settle the claim, even in spite of receipt of the legal notice also Op No.1 and 2 have not settled the claim. Hence, Op No.1 and 2 rendered deficiency in service in not settling the claim. Hence, prays for direction against Op Nos. 1 & 2 to settle the claim amount of Rs.4,00,000/- along with compensation for deficiency in service as prayed above.
3. After service of notice the Op Nos. 1 & 2 appeared through their counsel and filed the version and contended that they have issued the policy in the name of Shashikumar to his vehicle bearing no.KA-18-Y-3270, but the policy is not stands in the name of Shashikumar. It is true that on 27.02.2014, the Shashikumar son of complainant no.1 & 2 was died in the motor vehicle accident, but the said rider is not the owner of the said vehicle and the policy also not stands in the name of said rider. Hence, the complainant’s are not entitled to get any claim as per the policy. Even the complainant’s have not claimed any claim so far there is no cause of action arises in the complaint and also no deficiency in service on the part of this Op Nos.1 & 2. Since no claim is preferred by either owner of the vehicle or the insurer.
4. Op further contended that the accident took place way back in the year 2014 and since from 2 years no claim made by complainant’s, but they have filed this complaint after 2 years. Hence, the complaint is also barred by time. The complainant’s are not entitled to get any reliefs as prayed in the complaint and prays for dismissal of the complaint.
5. The complainant No.1 & 2 filed affidavit and marked the documents as Ex.P1 to P11. The Op No.1 & 2 also filed affidavit and marked the documents as Ex.R1 to R.3.
6. Heard the arguments:
7. In the proceedings, the following points do arise for our consideration and decision:
- Whether there is deficiency in service on the part of OPs.
2. Whether complainants entitled for any relief & what Order?
8. Our findings on the above points are as follows:-
- Point No.1: Affirmative.
- Point No.2: As per Order below.
: R E A S O N S :
POINT NOs. 1 & 2:
9. On going through the pleadings, affidavits and documents produced by both complainant’s and Ops. There is no dispute that policy issued in the name of Shashikumar son of Chandru as per Ex.P.1. There is also no dispute that the RC stands in the name of Shashikumar son of Chandru as per Ex.P.8. We also noticed that the said Shashikumar had valid driving license to driving motor vehicle with gear as per Ex.P.6. Further Ops also admits that on 27.02.2014, the vehicle bearing registration no.KA.18-Y-3270 met with an accident near Uppalli road in front of Malabar Tyre Shop, Chikmagalur, that resulted in death of son of the complainants Shashikumar. The only defense taken by Op that in the pleadings, the complainant’s have mentioned the name of the rider as Shivakumar instead of Shashikumar. We are also opinion that it is by oversight, the complainant’s have pleaded their son’s name as Shivakumar instead of Shashikumar, gives all documents which are produced by complainant’s discloses that Shashikumar was died during accident on 27.02.2014, who was the owner of the vehicle bearing registration no.KA-18-Y-3270 and further the Ops have contended that the complainant’s have not made any claim at their office in order to investigate the accident to settle the claim. Hence the learned advocate for Ops vehemently argued that it is barred by time and also no claim made by complainant’s at all. Hence, no cause of action arises in this complaint and prays for dismissal. But we are in the opinion that as soon as the complainant’s issued legal notice as per Ex.P.10. The Ops would have called the complainant’s to file claim and to furnish required documents in order to arrange for settlement of the claim under personal accident benefits. But they have no done so. Even after failing this complaint also Ops have not come forward to scrutinize the documents and not made any arrangements to settle the claim. On observation of the entire documents produced by both complainant and Op no.1 & 2, we are of the opinion that the son of the complainant Shashikumar is owner of the vehicle bearing registration no.KA-18-Y-3270 and also policy stands in his name during the accident. It is also noticed that the son of the complainant Shashikumar also paid premium of personal accident coverage.
10. Considering all these material facts, we are of the opinion that Ops rendered deficiency in service in not settling claim even after issuance of the legal notice and even after filing this complaint. Hence, Ops are liable to settle the claim under personal accident benefits to the complainant no.1 & 2 and they are also liable to pay nominal compensation of Rs.3,000/- for deficiency in service along with litigation expenses of Rs.1,000/- to the complainant’s. Hence, for the above said reasons, we answer the above point no.1 & 2 in the affirmative and proceed to pass the following:-
: O R D E R :
- The Op no.1 & 2 are directed to settle the claim of the complainants by considering the documents produced before this forum, as per policy terms and conditions under Personal Accident Coverage along with compensation of Rs.3,000/- and litigation expenses of Rs.1,000/- to the complainant within 1 month from the date of receipt of this order, failing which 9% interest will be charged till the realization of the said amount .
- Send free copies of this order to both the parties.
(Dictated to the Stenographer transcribed typed by him, transcript corrected by me and then pronounced in Open Court on this the 27th day of January 2017).
(RAVISHANKAR)
President
(B.U.GEETHA) (H. MANJULA)
Member Member
ANNEXURES
Documents produced on behalf of the complainant:
Ex. P1 - Certificate of National Insurance Company Ltd.
Ex.P2 - Copy of the FIR.
Ex.P3 - Copy of Postmortem Report
Ex.P4 - Inquest Mahazar.
Ex.P5 - Copy of Chargesheet
Ex.P6 - Copy of Driving License
Ex.P7 - Copy of the Ration Card
Ex.P8 - Copy of the R.C.
Ex.P9 - Copy of the letter issued by Op company towards claim.
Ex.P10 - Copy of the Legal Notice
Ex.P11 - Acknowledgement Due
Documents produced on behalf of the OPs:
Ex. R1 - Copy of legal notice issued to Op
Ex.R2 - Copy of the Reply to the legal notice
Ex.R3 - Copy of the Policy with scheduled.
Dated:27.01.2017 President
District Consumer Forum,
Chikmagalur.
