Punjab

Fatehgarh Sahib

RBT/CC/1169/2018

Kulwinder Kaur - Complainant(s)

Versus

M/s United India Insurance Co. Ltd. - Opp.Party(s)

D.S.Dhaliwal

13 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL

                                    COMMISSION

                                FATEHGARH SAHIB

 

RBT No.	:	CC/1169/2018
Complaint No.	:	RBT/CC/1169 of 2018
Date of Institution	:	14/11/2018
Date of Decision	:	13/04/2023

                  

1. Kulwinder Kaur aged about 37 years W/o  Late Baldev Singh R/o Village

Khizargarh, Karala, S.A.S.Nagar Mohali.(wife)

2. Darshan Kaur aged about 65 years W/o Sh.Amarjit Singh R/o Village Khizargarh, Karala, S.A.S Nagar Mohali(Mother).

1. Gurmanjot Singh aged about 9 years S/o Late Baldev Singh, R/o Village Khizargarh, Karala, S.A.S Nagar Mohali  through her Mother /Natural Guardian Kulwinder Kaur W/o  Late Balder Singh R/o Village Khizargarh, Karala, S.A.S Nagar Mohali (son).
2. Ramneet Kaur aged about 18 years D/o Late Baldev Singh R/o  Village Khizargarh, Karala, S.A.S Nagar Mohali (daughter).
3. Japneet Kaur aged about 15 years D/o Late Baldev Singh R/o Village Khizargarh, Karala, S.A.S Nagar Mohali (daughter)

(all are the legal heirs of Late Baldev Singh S/o Sh. Amarjit Singh R/oVillage Khizargarh, Karala, S.A.S Nagar Mohali

 

1.  

 

1. M/s United India Insurance Company Limited, Rajpura-Zirakpur Road,    Banur, Mohali, Punjab through its Manager.
2.  Ravneet Singh S/o Sukhwinder Singh P.O Banur, Tehsil and District S.A.S Nagar, Mohali , Agent of M/s United India Insurance Company Limited.

 

                                                                              ..………....... Opposite Parties

Complaint under Section 12 of Consumer Protection Act 1986(Old)

Quorum

Sh. S.K.Aggarwal, President

Sh. Manjit Singh Bhinder, Member

Present: Sh.K.S.Mattu, counsel for complainant .

      Sh.M.L.Chaudhary, Counsel for OP no.1.

      Complaint against OP no.2 not admitted.

    

 

 The complaint has been filed against the OPs (opposite parties)  under Section 12 of Consumer Protection Act-1986(old) alleging deficiency in service with the prayer to give directions to the OPs to pay the claim  amount Rs.2 Lacs, to pay compensation of Rs.2 Lacs i.e total amount of Rs. 4 Lacs  along with interest @ 18%  as compensation for harassment, mental agony to the complainant .

1.  The complainants was having Ashok Layland Truck bearing engine no.ENG 116937 having registration no.PB-11BR 9651. OP no.2 was authorized agent of OP no.1 and complainants got the vehicle insured from OP no.2 vide policy dated 16.3.2018 , whose validity was from 31.3.2018 to 30.3.2019. The complainants paid sum of Rs.45993/-,  out of which ,  Rs.45893/- through cheque and Rs.100/- by cash towards premium of the insurance Policy. On 17/4/2018 the said vehicle met with an accident at Klan near Shahanjanpur , UP and driver of truck Baldev Singh son of Amarjit Singh died in the accident and FIR no.0140 dated 18.4.2018 was registered at police station Klan UP against the offending truck . The driver cum owner Baldev Singh died in the accident and complainants filed for personal accident claim with the OPs , which was rejected by OP no.1giving reason that  personal accident  clam is not covered under the Policy. The OP no.1 wrongly showed the amount of  premium paid as Rs.45,893/- instead of Rs.45,993/- , paid by the complainants. It was compulsory personal accident cover for the owner cum driver and it was duty of OP no.2 to cover all the details if full insurance is paid. Therefore, due to fault of OP no.1 and Op no.2 the personal accident claim can not be rejected.  After repeated requests by the complainants,  the claim was rejected. Hence this complaint.

2. Notice of the complaint was given to the OP no1through registered Post  and OP no.1 appeared  through his Counsel and filed  written version.  Complaint was not admitted against OP. No2  vide order dated 22.11.2018..
3. The OP no.1 filed  written version raising  legal  objections. The deceased Baldev Singh insured his truck bearing PB-11-BR-9651 with the OP no.1 and validity of Policy was from 31.3.2018 to 30.3.2019. The insured paid premium of Rs.45,893/- vide cheque no.424596 dated 27.3.2018. At the time of calculation of premium the agent of Company OP no.2 asked the insured for compulsory personal accident cover for owner cum driver for which additional premium Rs.100/- was required .  However the insured informed the OP no.2 that truck would be driven by  paid driver  whose liability has been covered and hence compulsory personal accident cover for owner driver was not required.  The insured did not deposit the premium of Rs.100/-  for compulsory personal accident cover. After the  accident , the complainants have cooked up false story that premium of Rs.45893/- was paid through cheque and Rs.100/- for personal accident cover was paid in cash . The complainant has not furnished any receipt of Rs.100/-  allegedly paid in cash towards personal accident cover .  Hence prayer of dismissal of complaint has been made.
4.                The complainant in support of his complaint tendered in evidence his  affidavit Ex.CW1/1 along with copies of  documents i.e  Ex.C1    Registration certificate, Ex.C2 Policy no.1110813117P118842558 of the period w.e.f 31/03/2018 to 30/03/2019  (GCV Public Carrier other than 3 wheeler package Policy)   , Ex.C3 representation complainant  ,   Ex.C4 Driving Licence of Baldev Singh,  Ex.C5 Extract of driving licence , Ex.C6 death certificate, Ex.C7 compulsory personal accident cover for owner and Driver.  In rebuttal the OPs tendered in evidence Ex.OPRW/A/1 affidavit of Sonika , Deputy Manger, United India Insurance Co. Ltd., Mohali , Ex.OP/1 no.1110813117P118842558 of the period w.e.f 31/03/2018 to 30/03/2019  (GCV Public Carrier other than 3 wheeler package Policy),  Ex.OP1/2   endorsement schedule commercial package policy,  Ex.OP1/3 affidavit of Ravneet Singh, Ex.OP1/4 appointment letter as agent,  Ex.OP1/5 Adhaar Card of Ravneet Singh and closed their evidence
5.  Heard. Entire record  has beenperused. 
6. From the perusal of record, it is evident the complainant proved policy vide  Ex.C2 having validity from 31.3.2018 to 30.3.2019 and  the accident took place on 17.4.2018.  Baldev Singh  driver  cum owner   died  on  18.4.2018 vide Ex.C6.  The OP no.1 has tendered affidavit Ex.OPRW/A showing  the details of payment made by the complainant against   the policy and  premium of  Rs.100/- is shown as premium for paid driver.  The OPs also admitted in the Policy  vide Ex.,OP1/1 (page 3) that paid driver is included in liability . The OPs have admitted receiving payment of Rs.45893/-  against the Policy  vide Ex.OPRW/A.  Declining insurance claim to Driver  when paid driver is included in the Policy is not  reasonable. Whether a vehicle is being driven by paid driver or owner cum driver ,  both ultimately fall under one category i.e driver . The owner, if driving a vehicle himself can not be denied to be treated as  a driver.  The OPs have declined the claim over trifle and unsustainable technicality .
7.   As  a corollary of our above discussion, the present complaint is partly allowed.  OP no.1 is held liable for deficiency in service. The OP no.1, directed as under :-

[a] To pay the amount of Rs.2 Lacsto the complainant along with interest@ 6% P.A from the date of filing of complaint within 30 days, failing which interest @ 9% P.A. shall be payable.

[b] To payRs.10,000/-compensation for harassmentand to pay Rs.5000/-litigation charges to the complainant.

Compliance of the order be made by the OP no.1 within 30 days from the date of receipt of certified copy of this order. Failing which the complainant shall be entitled to recover the above said amount through legal process. The complaint could not be decided within the statutory period due to pandemic of Covid-19 and paucity of staff. Copy of this order be sent to the complainant and the OPs as per rules. File be returned back District Commission  Mohali, for consignment.

      Pronounced 13  April 2023   

                                                                      (S.K. Aggarwal)

                                                                              President

                                                                    

    

                                                                             ( Manjit Singh Bhinder )

                                                                                    Member