Haryana

Karnal

CC/258/2021

Smt. Satyawati - Complainant(s)

Versus

National insurance Company - Opp.Party(s)

S.S. Moonak

04 May 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No. 258 of 2021

                                                        Date of instt.24.05.2021

                                                        Date of Decision:04.05.2023

 

Smt. Satyawati, aged 40 years, wife of Shri Mukesh Kumar son of Shri Chand Singh, resident of house no.66-D, New Ramesh Nagar, Karnal. (Aadhar no.3943 9524 8586).

                                               …….Complainant.

                                              Versus

 

National Insurance Company, through its Divisional Manager, G.T. Road, Karnal.

                                                                      …..Opposite Party.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.

              Shri Vineet Kaushik……Member

      Dr. Rekha Chaudhary…….Member

                   

Argued by: Shri S.S.Moonak, counsel for complainant

                   Shri Ashok Vohra, counsel for the opposite party.

 

                    (Jaswant Singh President)

ORDER:   

                

                The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that the husband of complainant namely Mukesh Kumar (since deceased) was the registered owner of motorcycle no.HR-05-AW-7262 and same was insured with the OP, vide policy no.39010231176202557568, valid from 21.09.2017 to 20.09.2018. Thereafter, the said policy was renewed and valid from 23.03.2019 to 22.03.2020. The policy was comprehensive/package, extra premium of personal accidental claim was paid by Mukesh Kumar. Mukesh Kumar died in Railway Accident on 07.07.2018. The matter was reported to the Railway Police, Karnal. The said motorcycle was financed with Shri Ram City Union Finance Limited and the loan was waived off by the said finance company due to accidental death. After the death of Mukesh Kumar, complainant approached the OP and submitted all the relevant documents as demanded by the OP for personal accidental claim of deceased Mukesh Kumar. Even despite, completing all the formalities, OP did not pay the personal accidental claim and lingered the matter on one pretext or the other. Then complainant sent a legal notice dated 05.04.2021 to the OP but it also did not yield any result. In this way there is deficiency in service and unfair trade practice on the part of the OP. Hence this complaint.

2.             On notice, OP appeared and filed its written version, raising preliminary objections with regard to maintainability; limitation; cause of action; locus standi and concealment of true and material facts. On merits, it is pleaded that complainant has not lodged the alleged personal accidental claim with the OP till today. Thus, the present complaint is premature. It is further pleaded that the husband of complainant Mukesh Kumar was owner in possession of motorcycle no.HR-05AW-7262 and it was insured with the OP w.e.f. 21.09.2017 to 20.09.2018 and the insurer had expired on 07.07.2018 in Railway Accident as alleged by the complainant then how the said policy was renewed from 23.03.2019 to 22.03.2020 in the name of deceased Mukesh Kumar as alleged. It is further pleaded that complaint is hopelessly time barred due to the fact that the husband of complainant had expired on 07.07.2018 and limitation of two years for filing the complaint has expired. It is further pleaded that the insured died in Railway Accident. As regards Personal Accidental Claim the same is payable if the insured died while driving the insured vehicle and he must have a valid driving licence at the time of accident. There is no deficiency in service on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of bank account statement Ex.C1, copy of RC Ex.C2, copy of insurance policy Ex.C3, copy of DDR Ex.C4 and Ex.C5, copy of PMR Ex.C6, copy of bank statement of Shri Ram Finance Co. Ex.C7, copy of legal notice Ex.C8, postal receipt Ex.C9 and closed the evidence on 24.03.2022 by suffering separate statement.

5.             On the other hand, learned counsel for the OP has tendered into evidence affidavit of Reena Basak, Administrative Officer Ex.OP1/A, copy of terms and conditions of insurance policy Ex.O1, copy of RC Ex.O2, copy of insurance policy Ex.O3, copy of DDR no.014 Ex.O4, copy of DDR no.018 Ex.O5, copy of post mortem report Ex.O6 and closed the evidence on 17.02.2023 by suffering separate statement.

6.             We have heard the learned counsel of the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Learned counsel for complainant, while reiterating the contents of the complaint, has vehemently argued that husband of complainant got insured his motorcycle with the OP. The policy was/is valid from 21.09.2017 to 20.09.2018. On 07.07.2018, the husband of complainant died in Railway Accident. After the death of her husband complainant approached the OP and submitted all the relevant documents but no amount has been paid by the OP to the complainant under the said policy and lastly prayed for allowing the complaint.

8.             Per contra, learned counsel for the OP, while reiterating the contents of written version, has vehemently argued that the complainant has not lodged the alleged personal accidental claim with the OP, thus the present complaint is premature. He further argued that the husband of complainant Mukesh Kumar was owner in possession of motorcycle in question and it was insured with the OP w.e.f. 21.09.2017 to 20.09.2018. He further argued that the Personal Accidental Claim is payable if the insured died while driving the insured vehicle and he must have a valid driving licence at the time of accident but in the present complaint and the insurer had expired on 07.07.2018 in Railway Accident as alleged by the complainant. So, the claim is not payable and lastly prayed for dismissal of the complaint.

9.             We have duly considered the rival contentions of the parties.

10.           Admittedly, the husband of complainant was owner of motorcycle bearing registration no.HR-05-AW-7262. It is also admitted that the said motorcycle was insured with the OP.

11.           Firstly, we decide, whether the present complaint is pre-mature or not?

12.           As per version of the OP, complainant has not submitted the claim with the OP till date and without submission of the claim, it cannot be decided whether same is payable or not. As per the version of the complainant, she has submitted the claim with the OP but she has failed to disclose date and month for submission of the claim form. During the course of arguments, learned counsel for the complainant submits that if the Commission come to the conclusion that complainant has not submitted claim form, in that eventuality, complainant is ready to submit the claim. From the above submission, it appears that complainant has not submitted the claim with the OP. Hence, in view of the above, present complaint is premature at this stage.

13.           In view of the above observation, the present complaint is disposed of with the liberty to the complainant to submit the claim form with the OP and on receipt of claim form, OP is directed to settle the claim of the complainant within 30 days. No order as to costs. This order shall be complied with accordingly. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Dated:04.05.2023

                                                                       

                                                                  President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

(Vineet Kaushik)        (Dr. Rekha Chaudhary)                   

          Member                         Member