DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.

 

Complaint Case No : CC/225/2020

Date of Institution : 01.10.2020

Date of Decision : 25.01.2021

1. Surjit Singh aged 75 years (father of deceased Narinder Singh) son of Kartar Singh son of Pakhar Singh. 

2. Rupinder Kaur aged 40 years wife of deceased Narinder Singh son of Surjit Singh son of Kartar Singh. 

3. Manjot Singh aged 20 years son of deceased Narinder Singh son of Surjit Singh. 

All residents of Village Kalal Majra PS Mehal Kalan District Barnala. …Complainants

Versus

M/s. Cholamandlam MS General Insurance Company Ltd., Near Bikaner Mishtan Bhandar, Court Chowk, Barnala-148101 Through its Branch Manager/Authorized Person. (Mobile No. 92168-05677).

…Opposite Party

Complaint Under Section 35 of The Consumer Protection Act, 2019. 

Present: Sh. Rajveer Singh Sidhu counsel for complainants.

Opposite party exparte.

Quorum.-

1. Sh. Kuljit Singh : President

2. Sh. Tejinder Singh Bhangu : Member

(ORDER BY KULJIT SINGH PRESIDENT):

    The complainant Surjit Singh and others filed the present complaint under Section 35 of the Consumer Protection Act 2019 against M/s. Cholamandlam MS General Insurance Company Limited, Barnala. (in short the opposite party). 

2. The facts leading to the present complaint as stated by the complainants are that Narinder Singh son of Surjit Singh was owner in possession of Tractor No. PB-19-H-3650 which was fully insured with the opposite party vide insurance policy No. 3380/01678323/000/00 and it also included personal accident. Further, said Narinder Singh met with an accident on 16.4.2020 due to sudden turn-turtle of his said tractor and died on the way to hospital. The complainant No. 1 Surjit Singh being father of the deceased had lodged claim with the opposite party for payment of Rs. 15,00,000/- but with no response. The complainant No. 1 also sent legal notice dated 10.8.2020 to pay the claim but to no effect. Further, the complainants are the dependents of Late Narinder Singh alongwith Jasleen Kaur daughter of said Narinder Singh is married and lives in foreign country and not interested in the claim but complainants have no objection if a share is allotted to her. The act of the opposite parties is deficiency in service and unfair trade practice. Hence, the present complaint is filed seeking the following reliefs.-

1) The opposite party are liable to pay the insurance amount of Rs. 15,00,000/-. 

2) To pay Rs. 1,00,000/- as compensation for mental agony and harassment. 

3) To pay Rs. 20,000/- as expenses of litigation.

4) To pay interest at the rate of 12% per annum from the date of accident i.e. 16.4.2020.

5) Any other relief which this Commission deems fit and proper may also be granted.

3. Upon notice of this complaint, the opposite party refused to accept the notice, so the opposite party was proceeded against exparte by this Commission vide order dated 28.10.2020.  

4. In support of their complaint, the complainants tendered into evidence affidavit of Rupinder Kaur Ex.C-1, copy of RC Ex.C-2, copy of insurance policy Ex.C-3, copy of driving license Ex.C-4, copy of DDR Ex.C-5, copy of legal notice dated 10.8.2020 Ex.C-6, postal receipt Ex.C-7, copy of legal notice Ex.C-8, postal receipt Ex.C-9, death certificate Ex.C-10, copy of postmortem report Ex.C-11 and closed the evidence.  

5. We have heard the learned counsel for the complainant and have gone through the record.

6. The main grievance of the complainants in the present complaint is that the opposite party has not paid the personal accident insurance cover claim to the complainants on account of death of Narinder Singh. The complainants duly proved on the file vide copy of registration certificate Ex.C-2 that Narinder Singh son of complainant No. 1, husband of complainant No. 2 and father of complainant No. 3 was the owner of tractor bearing registration No. PB-19-H-3650. Further, the complainants vide copy of insurance policy Ex.C-3 duly proved on the record that said Narinder Singh purchased the insurance policy from the opposite party which was in his favour for sum assured of Rs. 3,00,000/- for his tractor and paid the premium of Rs. 11,458/- for this purpose. Further, from this insurance policy it is also proved on the file that it is clearly mentioned in this policy Ex.C-3 that Personal Accident for owner driver for Rs. 15,00,000/- is also covered under this insurance policy. Further, from the copy of driving license Ex.C-4 is is proved on the file that Narinder Singh since deceased son of complainant No. 1 was having duly authorized driving license for non transport vehicle till 11.3.2030. 

7. In the copy of General Diary Details Ex.C-5 dated 17.4.2020 registered on the statement of Surjit Singh father of deceased Narinder Singh specifically mentioned that on 16.4.2020 deceased Narinder Singh had visited his in-laws at Village Dhaudhar while driving his Sonalika Tractor bearing registration No. PB-19-H-3650 and when he returned from his in-laws then at about 9.30 PM his above mentioned tractor got overturned in the fields due to which son of complainant No. 1 fallen under the tractor and while taking him to Civil Hospital Village Hathoor Narinder Singh died and his dead body is lying at the morchery of Civil Hospital, Jagraon. So, this copy of General Diary Details Ex.C-5 duly proved on the file that Narinder Singh was died in an accident during the validity of the insurance policy Ex.C-3 from 30.11.2019 to midnight of 29.11.2020. Further, from the copy of death certificate Ex.C-10 of Narinder Singh it is proved on the file that Narinder Singh died on 16.4.2020. Further, in the copy of post mortem report Ex.C-11 of Narinder Singh cause of death is mentioned as due to injuries caused by accident, which also duly proved on the file that death of Narinder Singh occurred due to accident. 

8. On the other hand, the opposite party has not dared to appear  before this Commission to rebut these allegations of the complainants and intentionally preferred to remain exparte, which proved that they have nothing to say against the allegations of the complainants and indirectly admitted the claim of the complainants whereas the complainants proved their case beyond any doubt by way of tendering cogent, convincing and reliable evidence on the file. So, in view of the submissions made in the affidavit Ex.C-1 of Rupinder Kaur wife of deceased Narinder Singh and evidence tendered by the complainants it is proved on the file that the opposite party is deficient in providing service to the complainants and act of the opposite party is clear cut unfair trade practice and deficiency in service on its part as they have not paid the genuine claim of the complainants despite their several requests and legal notices Ex.C-6 and Ex.C-8.  

9. As a result of the above discussion, present complaint is exparte allowed and opposite party is directed to pay Rs. 15,00,000/- (Fifteen Lacs only) to the complainants alongwith Jasleen Kaur daughter of Narinder Singh on account of insurance claim for personal accident of Narinder Singh. The opposite party is also directed to pay Rs. 10,000/- as consolidated amount of compensation for mental tension, harassment and litigation expenses. The opposite party is further directed to deposit Rs. 10,000/- in the Consumer Legal Aid Account maintained by this Commission. Compliance of the order be made within the period of 45 days from the date of the receipt of the copy of this order, failing which the opposite party is directed to pay the above mentioned amount of Rs. 15,00,000/- alongwith interest at the rate of 5% per annum from the date of order till actual realization. The opposite party is also directed to pay all the above mentioned amounts to the complainants alongwith Jasleen Kaur daughter of Narinder Singh deceased in equal share. Copy of the order be supplied to the parties free of costs. File be consigned to the records after its due compliance.

ANNOUNCED IN THE OPEN COMMISSION:

  25th Day of January 2021

 

 

            (Kuljit Singh)

            President

 

            (Tejinder Singh Bhangu)

Member