Karnataka

Chitradurga

CC/630/2019

Smt Sangeetha, W/o Late Jyothiraja.S, Aged about 35 Years - Complainant(s)

Versus

National Insurance Co.Ltd., by its Branch Manager - Opp.Party(s)

Sri R.N.Parthalingappa

21 Dec 2020

ORDER

COMPLAINT FILED ON:25/11/2019

DISPOSED      ON:21/12/2020

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHITRADURGA.

CC. NO:630/2019

DATED: 21^st December 2020

PRESENT :-     Smt. H.N. MEENA .                         …. PRESIDENT

                                B.A., LL.B.,               

                             Smt. B.H. YASHODA.                       ....MEMBER

                     B.A., LL.B.,

                               Smt. B.U. GEETHA.                                …. MEMBER

                               M.COM. LLB. P.G.D.C.L.P

 

……COMPLAINANTS	1. Smt. Sangeetha, W/o Late Jyothiraja. S. Aged about 35 Years, 2. Kanakalakshmi. J D/o Late Jyothiraja S. Aged about 17 years. 3. J. Pradeepa Raj S/o Late Jyothiraja S Aged about 17 years, Complainants No.3 is Minor, represented by his Natural Guardian Mother i.e. Complainant No. 1 Smt. Sangeetha W/o Late Jyothiraja S. All are R/o No.49, Javahar Maithanam Street Rajyapalam Municipality, Rajyapalyam, Tamil Nadu. (Rep., by Sri.R.N. Parthalingappa. advocate)
V/S
..OPPOSITE PARTY	National Insurance Company Limited By its Branch Manager, No.140, Gandhi Kalai Mandaram Road, Raja Palyam, Virud, Unagar, Tamil Nadu-626117.

 

 

 

Pronounced on 21st December 2020

Written by Smt. H.N. MEENA, President.

ORDERS

1.   This is a complaint of alleged deficiency of service filed under section 12 of the Consumer Protection Act, 1986 by Sangeetha, the Complainants against the Opposite party (for short Op) praying PA benefit  claim for Rs. 2,00,000/- and under own damage for Rs. 1,01,000/-  towards damage caused to the vehicle with interest at the rate of  18 % p.a  and also compensation of  Rs.  1,00,000/-                        on account of mental agony, loss of income.

The complaint:-

  2.  The brief facts of the complaint’s are the wife and children’s of deceased Jyothiraj S. that the deceased   is the owner of Maruthi Omni ECCO bearing Reg., No. TN-76-P-5288 and he has insured his vehicle with the Op, to that effect the Op has issued a policy bearing No. 640701311710001453 valid from 30/12/2017 to 29/12/2018. On 06/05/2018 at about 5:00 PM the insured vehicle has met with accident and also in the said accident deceased Jyothiraja S. was driving the vehicle due to accidental injuries the deceased was died in the Govt., Hospital, Hosadurga. After the said accident complainant No.1 has intimated to Op insurance company through phone regarding the accident. In the said accident the above said Maruthi Omini  Ecco was entirely damaged and it was not in a condition to repair and it was entirely damaged. For that, complainant No.1 has left the vehicle in Hosadurga Police station premises itself. Even in-spite of intimation made by complainant to the Op they have not surveyed the vehicle and also they have not paid the PA claim, the reasons best known to the Op.

3.    The OP have collected premium of Rs. 1,289 towards own damage and given liability towards IDV of the vehicle for Rs. 1,01,000/- and also collected Rs.100/- towards P.A claim and the personal accident claim of Rs. 2,00,000/- has to be paid by Op still pending.

4.    The complainant No.1 has issued legal notice dated  31/10/2019 through their advocate and the same was served to the Op insurance company on 04/11/2019 and even in-spite of notice has been served, the Op insurance company has not settled the claim of the complainant.

5.    The complainants while sending legal notice through their advocate has  enclosed certified copy of FIR Mahazar, IMV Report, PM Report, inquest Report, RC, DL and policy copy and also charge sheet for settling the own damage of Rs.  1,01,000/- and also personal accident benefit claim of Rs. 2,00,000/-. Op is deficiency of service. Hence she brought present complaint.

6. After hearing on admission the complaint was admitted and notice was ordered to be issued to the Op to file its written versions under section 13(2) of the Consumer Protection Act, 1986 (in short “the Act). The Op has appeared through its counsel and filed written version.

Defense:-

7.   In the written version the Op has admitted the issuance of policy and its validity. He contended that policy issued to the complainants is subject to terms and conditions of policy and confirmation of 64 VB and also terms and conditions of M.V. Act. Provisions of Motor Vehicle Act-1988.

8.      The complainant has intimated the accident of the vehicle Maruthi Omni Ecco bearing Reg., No.TN76/P-5288 stating that, the accident  on 04/11/2019 and claim of accident  to the Op insurance company was intimated through legal notice on 31/10/2019, the complainants has never shown his accident vehicle to the Op and not get its surveyed from  the  licensed  surveyor of the Op insurance company   and so for insured or his  counsel has not    submitted any original    documents except the legal notice was issued on 31/10/2019. For that   Op replied on 26/11/2019 to the advocate of complainant who has issued the legal notice.         And Op asked for clarification in some points for that the complainants are their counsel has replied to the notice issued by the complainants advocate.     Hence the complainant violated the terms and condition of the policy. As the complainants violated the terms and conditions of the policy, he is not entities for the reliefs as claimed in the complaint and hence he prayed for dismissal of the complaint and also Op has not made any deficiency in service. 

 Evidence:

9.    The complainant No.1 got herself examined as PW-1 by filing his affidavit as a part of examination in chief and also got Ex.A-1 to A-12 marked and closed the evidence.

10.   On behalf of Op one K.S Ansar Basha   asst., Manager, branch office Chitradurga of Op company  got himself examined as RW-1 by filing his  affidavit as a part of examination in chief and document marked as EX- B-1 to B-4 closed the evidence,

Arguments:

11.    We have heard the complainants as well as counsel of Op and perused the written arguments filed by both side advocates.  

12.  The points that arise for our determination are;

1. Whether the complainants prove that deficiency of service on the part of opponent?
2. Whether the complainants prove that they are entitled for the relief sought?
3. What order?

 

13.  Our finding on the above points is as under;

       Point No.1: In the Affirmative

       Point No2: In the partly Affirmative

       Point No3: As per final order,

Discussion and Reasoning:

Point No.1 and 2:

14.   The OP without disputing the issuance of the insurance policy to the vehicle of complainant and its validity as on the date of accident not settled the claim of the complainant to pay claim amount. It is the case of the complainants are that deceased Jyothiraj S. is the owner of the Maruthi Omni Ecco bearing Reg.No.TN-76-P-5288 and said vehicle was insured with Op as per B-1 and as per the B-1 IDV of the vehicle is Rs.1,01,000/- and also PA claim it is covered for Rs. 2,00,000/- but the said policy was issued at Rajapalayam, branch Tamilnadu. And accident has been occurred at Hosaduraga police limits that is the said police jurisdiction will comes under the preview of this Hon’ble Commission. And also that the complainants are the beneficiary of the policy holder and also they have not having worldly knowledge of the law and also they have lost their bread earning member of the family and there are in the mood off shock and they will never get a idea of claiming compensation from their vehicle policy insurance. And the Op insurance company even though they have policy issuing office at Tamil Nadu and all over India they have got number of branch offices at their District level and Taluk level offices then such being the case the Op insurance company could have sent one of his office Official and also surveyor to know the genunity  of the notice issue by the complainants but the Op insurance company instead doing the same they have been issued a reply notice to the complainants  and stated their condition of the policy terms. The said conditions of the policy are attracted when insured is alive but in this case it is a different story since insured is not alive he has been died in the accident and these claimants are only a beneficiary of the policy hence putting forth with the conditions for the beneficiary’s will not attract and the Ops are not intended to settle   the claim of the complainants. Hence such being the scenario the insurance company that is Op cannot become so rigid in repudiating the claim of the complainant for unavoidable circumstances. Hence the repudiation made by the Op is against to the principals of law. And Op has made deficiency of service to the complainant.

15. The allegation of the complainants is that non settlement of claim by the Op is amounts to deficiency in service. The Op without denying the validity of policy simply denied the claim of the complainant on the baseless ground which amounts to deficiency in service towards the Complainant. Hence at the stage we answer Point No.1 as partly in the affirmative.

 Point No.2:

 16.   As the complainants have proved deficiency in service on the part of the Op they are entitled for Rs. 2.00.000/- towards PA claim and also Rs. 1,01,000/- towards IDV vehicle and (when the complainants are entitle for entire IDV value they have to give 29, 30 form and also they have to hand over the vehicle to the Op and also Op are directed to collect the vehicle from concerned Police station after obtaining necessary document if available from the complainants) and also complainants are entitled  with  12% interest P.A. from the date notice dated 31/10/2019 till realization  and also along with compensation for deficiency of service, like towards mental agony,  cost of the proceeding as per the final order. Accordingly we answer point No.2 as partly in the affirmative.

Point No.3: -

17. In view of the discussions made under Point No.1 and 2,      we pass the following; 

 // ORDER //

              The complaint is partly allowed.

The opposite party is directed to pay sum of Rs. 2,00,000/- PA claim and also Rs. 1,01,000/- towards IDV damaged vehicle and (when the complainants are entitle for entire IDV value they have to give 29, 30 form and they also they have to hand over the vehicle to the Op and also Op are directed to collect the vehicle from concerned Police station after obtaining necessary document if available from the complainant) to the complainant along with interest @ 12 % per annum from the date of  notice dated 31/10/2019 till realization. And Op has to deposit the award amount within in one month from the receipt of the copy of this order. Op also shall pay Rs. 20,000/- to the complainant as compensation for deficiency of service, and also cost of the proceeding within one month from the receipt of the copy of this order.  In case of non-compliance of the order the entire amount shall carry interest @ 12% per annum till its realization.

The assistant registrar is directed to send free copies of this order to the all the parties free of cost within a week from today.

(Dictated to the Stenographer, typescript edited, corrected and then pronounced in the open court this 21^st December 2020)         

 

 

(B.H. Yashoda)                (B.U. GEETHA)                                         (H.N. Meena)                                                          

    Member                            MEMBER                                           President.

 

ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:-Complainant by filing affidavit evidence.

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Legal notice
02	Ex-A-2:-	Two postal covers.
03	Ex-A-3:-	FIR
04	Ex.A-4:-	Spot Mahazer
05	Ex.A-5:-	Seizer Mhazer
06	Ex.A-6:-	Inquet report
07	Ex.A-7:-	PM report
08	Ex.A-8:-	IMV report
09	Ex.A-9:-	Charge Sheet
10	Ex.A-10:-	RC Book
11	Ex.A-11:-	Policy copy
12	Ex.A-12:-	India Driving Licence (Tamilnadu)

 

DW-1: Sri. K.S. Anwar Basha Assistant Manager, Branch Office National Insurance Company limited, Chitradurga.

 

Documents marked on behalf of OP No. 1

01	Ex-B-1:-	Certified copy of the Policy with terms and conditions.
02	Ex-B-2:-	Legal notice dated 31/10/2019
03	Ex-B-3:-	Reply notice dated 26/11/2019
04	EX-B-4:-	Postal receipt (2)

 

 

                               

 

MEMBER                                 MEMBER                     PRESIDENT

 

 

   Kms.