1. This is case of alleging deficiency in service on the part of the Opp. Party for non settlement of insurance claim.
2. the case of complainant in nutshell is that late husband Sudhany Bala had purchased one insurance policy bearing No. MA438321 valid from 24.09.2019 to 23.09.2020 with premium of Rs. 887/- covering PA coverage of Rs. 15,00,000/- against the vehicle TVS XL 100 bearing Regd. No. OD-30-B-1795. It submitted that on 16.09.2020 while her husband proceeded towards Kalimela, one Eicher Vehicle dashed the alleged Vehicle of Suadhany Bala, which resulted grievous injuries on his part and during treatment, her husband succumbed to death and in this connection, P.S. No. 0114 dated 16.06.2010 was which converted into G.R. No. 254 of 2020 under JMFC, Motu. It is alleged that the complainant informed the Opp. Party regarding insurance PA claim and submitted all the required documents, but till date the Opp. Party kept silent and several approaches in this regard gave no result, thus she filed this case claiming P.A. coverage of Rs. 15,00,000,/-, compensation of Rs. 1,00,000/- and Rs. 20,000/- towards costs of litigation.
3. Opp. Party received the notice from this Commission through their employee Rakesh Kumar Sadangi of Malkangiri branch on 17.06.2022, but did not choose to file their counter version nor participated in the hearing inspite of availing ample opportunities.
4. Complainant filed certain documents like copy of death certificate, copy of insurance policy, copy of AADHAR card of herself and her husband, copy of entire G.R. record vide no. 254 of 2020, copy of bank passbook etc. Heard from the complainant and perused the record. None appeared from the side of Opp. Party . As such the case was proceeded on exparte hearing.
5. From the record, it is ascertained that the deceased husband of complainant had obtained the above mentioned insurance policy which is valid at the material time of accident. It is also ascertained that alleged policy covers the compulsory PA coverage of Rs. 15,00,000/- against death and permanent disability (total or partial). At the time of hearing complainant submitted that during obtaining the alleged insurance policy the concerned agent Sri Ranjan Dakua had appraised the policy holder (deceased husband) to obtain such type of policy to avail the compulsory PA coverage and the Malkangiri branch of Opp. Party received all the documents from the complainant, which was sent fro settlement of death insurance claim. Since the Opp. Party is totally absent throughout the proceeding and no contraction made out, we have no hesitation to disbelieve the versions of complainant and the allegations of complainant remained unchallenged and unrebuttal. In this connection, we have fortified with the several verdicts of higher authority, wherein it is held that unrebuttal averments shall be deemed to be admitted.
6. Further it is ascertained that due to non settlement of insurance claim, the complainant being a widow, definitely suffers from mental agony and physical harassment which result this dispute. Non taking of prompt action to settle the insurance claim, the Opp. Party proved their deficiency in service. Hence accepting the version of complainant, we passed the following order.
ORDER
The complaint petition is allowed in part. The opp. Party is herewith directed to settle the PA coverage of Rs. 15,00,000/- over the death of policy holder and to pay Rs. 50,000/- towards compensation for causing mental agony and physical harassment and also to pay Rs. 10,000/- towards costs of litigation within 45 days from the date of receipt of this order, failing which insured amount shall carry interest @ 9% p.a. from the date of this order till actual payment.
Pronounced the order in the open Court on this the 14th day of December, 2022.
Issue free copy to the parties concerned.
