Delhi

New Delhi

CC/641/2012

Anil Kumar Gujral - Complainant(s)

Versus

M/S. National Insurance Company Ltd. - Opp.Party(s)

22 Apr 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/641/12                                                                                                                                                                                Dated:

In the matter of:

SH. ANIL KUMAR GUJRAL

S/O LATE SH. C L GUJRAL,

R/O 125/1, SHAHPUR JAT,

NEW DELHI-110049

                 ……..COMPLAINANT

 

VERSUS

 

1. M/S. NATIONAL INSURANCE COMPANY LTD.,

        DIVISION NO.10, FLAT NO.101-06, N-1, BMC         HOUSE, CONNAUGHT PLACE,

        NEW DELHI-110001

 

2. M/S. NATIONAL INSURANCE COMPANY LTD.,

        3, MIDDLETON STREET,

        KOLKATTA-700071

………. OPPOSITE PARTIES

 

ORDER

President:  C.K Chaturvedi

 

The complaint of deficiency is against the repudiation of insurance damage claim of case No. DL 3C AG 9935, insured with OP on the date of accident on9.10.12, with a truck in August Karanti Marg, New Delhi on which son of the complainant died and a case FIR No.133/2011 was registered vide section 279/304A of IPC.  The complainant gave all information to OP company and the surveyor offered Rs.1,54,000/-on net salvage basis, and collected all documents including his acceptance of this amount with remaining of Rs.38,000/- to be paid on surrender of salvage.  Despite repeatedly giving information asked by all and applying for cancellation of R/C with RTO, the OP did not settle the claim.  It also did not pay Rs.2 lakhs for accident claim to insurance, under the policy.

On notice OP did not appear and was proceeded ex-parte.

We have considered the ex-parte evidence Exh.CW1/1 to EXh.CW1/7, all in support of the case.  It is seen that his son had also in advance paid insurance premium of Rs.6,348/- while the policy was in existence, but he died   The evidence given is tell tale story of insensitivity of OP and deliberate avoidance of a claim for obliqe reasons, nor justified  in Court.  We hold OP deficient in service and order OP to:

1. Pay Rs.1,84,800/- for car damage  along with 9% interest from date of consideration of surveyor report till payment.
2. Pay Rs.2 lakhs for accident coverage with interest @ 9% from date of death till payment.
3. Return Rs.6,348/- for advance insurance coverage, before death
4. Pay compensation of Rs.60,000/- for insurance in advance, before death deficiency and
5. Pay Rs.25,000/- for harassment and litigation expenses.

The order shall be complied with within 30 days of the receipt of the copy of the order; otherwise action can be taken under Section 25 / 27 of the Consumer Protection Act.

Copy of the order be sent to the parties free

of cost.

Pronounced in open Court on 22.04.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

 

(S.R. CHAUDHARY)         (RITU GARODIA)

MEMBER                          MEMBER