Haryana

StateCommission

A/1166/2016

ORIENTAL INSURANCE CO. - Complainant(s)

Versus

MOHINDER KAUR - Opp.Party(s)

RAM AVTAR

03 Jan 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

         

                                                         First Appeal No  :      1166 of 2016

Date of Institution:      06.12.2016

Date of Decision :       03.01.2017

 

 

Oriental Insurance Company Limited, N.M.S.C, LIC Building, Ambala City through its Manager now through its Regional Manager, Oriental Insurance Company Limited, Regional Office, LIC Building, Jagadhari Road, Ambala Cantt.

                                      Appellant-Opposite Party

Versus

1.      Mohinder Kaur wife of late Shri Hari Kumar, resident of Village Teja Mohri, P.O. Bhano Kheri, Tehsil and District Ambala.

2.      Jyoti Devi (Minor Daughter)

3.      Inderjit Singh (minor son) of late Sh. Hari Kumar, both residents of Village Teja Mohri, P.O. Bhano Kheri, Tehsil and District Ambala (both minors through their mother and natural guardian Smt. Mohinder Kaur-complainant No.1.)

                                      Respondents-Complainants

 

 

 

 

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. B.M. Bedi, Judicial Member.

                             Mr. Diwan Singh Chauhan, Member.

                                                                                      

Present:               Shri Ram Avtar, Advocate for appellant.

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

Oriental Insurance Company Limited-opposite party (for short, ‘Insurance Company’) has challenged the order dated October 21^st, 2016 passed by the District Consumer Disputes Redressal Forum, Ambala (for short ‘the District Forum’), whereby the complaint filed by Smt. Mohinder Kaur and her children-complainants, was allowed.  The Insurance Company was directed to pay Rs.2,00,000/- under Personal Accident alongwith interest at the rate of 9% per annum from the date of filing of the complaint, that is, August 11^th, 2011 on account of death of Hari Kumar and Rs.5000/- litigation expenses, to the complainants.

2.      Hari Kumar-deceased was owner of three-wheeler bearing registration No.HR37B-7584.  The three-wheeler was insured with the Insurance Company vide Insurance Policy Annexure A-2.  Under the heading Limit of Liability: Personal Accident under Section III for Owner-Driver (CSI) was Rs.2,00,000/-.  On October 10^th, 2010, when Hari Kumar was trying to start his three-wheeler with the help of rope, the three-wheeler being in gear, hit him in the wall.   Hari Kumar suffered injuries on his forehead.  He was admitted in N. P. Singh Hospital, Ambala City from where he was referred to P.G.I Chandigarh.  He succumbed to his injuries on the same day.  Daily Diary Report (Annexure A-7) was registered in Police Station Ambala Sadar.  The Insurance Company was informed.  The claim was repudiated on the ground that Hari Kumar was not driving the three-wheeler at the time of accident rather the accident took place due to the negligence of his son Inderjit age 12 years.  The complainants filed complaint under Section 12 of the Consumer Protection Act, 1986 before the District Forum.

3.      Learned counsel for the Insurance Company has challenged the impugned order on the ground that the Investigator appointed by the Insurance Company recorded the statements of Smt. Mohinder Kaur, Ajaib Singh, Gurmel Singh and Ram Pal Singh whereby the version of occurrence was given that there was some defect in the three-wheeler and Hari Kumar was repairing the same by sitting at the back of the three-wheeler.  He asked his son Inderjit to accelerate and on account of that, the three-wheeler reversed and hit Hari Kumar. 

4.      Daily Diary Report (Annexure A-7) was recorded on the statement of Ram Pal Singh.  The version given by him of the occurrence was that on October 10^th, 2010 at 3 P.M Hari Kumar was starting his three-wheeler with the help of rope and the three-wheeler being in gear reversed back, hit on the wall and daala of the three-wheeler fell on the forehead of Hari Kumar.  He became unconscious.  Ram Pal Singh alongwith Miyan Singh and Ranjit Singh brought Hari Kumar to N.P. Singh Hospital, Ambala City from where he was referred to P.G.I, Chandigarh. He succumbed to his injuries on the night of October 10^th, 2010.  This was the first version of the occurrence given by Ram Pal, who witnessed the occurrence.  A reading of the statements of the aforesaid persons, whose statements were recorded by the Investigator show that none of them was the eye witness of the occurrence.  So, the version recorded at the first instance by Ram Pal Singh whereby DDR (Annexure A-7) was recorded in Police Station Sadar Ambala City is to be given weightage.  It is not in dispute that Hari Kumar was covered for personal accident for Rs.2,00,000/-, which the District Forum has awarded.            The impugned order does not call for any interference. Hence, the appeal is dismissed being devoid of merits.

5.      The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced 03.01.2017

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

UK