Punjab

Patiala

CC/19/85

M/s Sinder Kaur - Complainant(s)

Versus

New India Assurace Co. - Opp.Party(s)

Sh K.S Josah

24 Feb 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

 

Consumer Complaint No.	:	CC/ 85/2019
Date of Institution	:	22.2.2019
Date of Decision	:	24.2.2023

 

                                     

Ms Sinder Kaur @ Sinder Devi W/o Late Ram Saran of Village Gaggarpur, Tehsil- Ghula, District  Kaithal (Haryana).

 

                                                                   …………...Complainant

                                      Versus

1. New India Insurance Company, Head Office: 87, Mahatma Gandhi Road, Fort Mumbai through its Managing Director.
2. Axise Bank Main Branch-Main Road-Samana District Patiala through its Branch Manager.
3. Axise Bank, Branch Panjola, District Patiala through its Branch Manager.
4. Axis Bank Ltd., Axis House, C-2, Wadai Internationa Center P.B.Marg,Worli, Mumbai-400025.

                                                                   …………Opposite Parties

 

Complaint under the Consumer Protection Act

 

QUORUM

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi,Member         

 

 

PRESENT:                   Sh.K.S.Joshan, counsel for complainant.

                             Sh.D.P.S.Anand, counsel for OP No.1.

                             Sh.Y.R.Mangla, counsel for OP No.2.

                             OPs No.3&4 ex-parte.  

                                     

 ORDER                                          

1. The instant complaint is filed by Ms.Sinder Kaur @ Sinder Devi wd /o Late Ram Saran hereinafter referred to as the complainant) against New India Insurance Co. and others (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act). The instant complaint is filed by Sinder Kaur being nominee and legal heir of deceased Ram Saran.
2. The averments put forth by the complainant are as follows:

That husband of complainant namely Ram Saran opened saving bank account No.914010007229324 with OP No.3 on 25.2.2014.Sinder Kaur was the nominee in the said account. Late Ram Saran get debit card bearing No.5361320002254872 at the time of opening aforesaid account number with accidental death insurance policy No.39558914 of Rs.5lacs.On 27.1.2018 husband of complainant namely Ram Saran met with an accident and died . FIR No.19 dated 28.1.2018 under Section 279,304-A, 427,IPC at police station, Sadar, Patiala was registered against accused namely Kanwaljeet Singh.Thereafter complainant filed death claim with OP No.1 through OPs No.2to4 alongwith requisite documents demanded by the OPs. But on 1.11.2018, OPs rejected the death claim of complainant, on the ground that deceased was driving a non registered vehicle at the time of accident, as per motor vehicle act. It is an offence and is prohibited. Hence the claim stand rejected. The rejection of the claim is totally illegal, arbitrary and against the terms and conditions of insurance policy. Finding no alternative complainant served legal notice dated 21.12.2018 upon the OPs through registered post, with the request to provide accidental death claim of Rs.5,00,000/- alongwith compensation of Rs.1,00,000/- and Rs.11000/-costs of legal notice but the OPs neither responded to the legal notice nor did any needful. There is thus deficiency in service on the part of the OPs which caused mental agony, harassment to the complainant. Consequently, prayer has been made for acceptance of the complaint.

3. Notice to OPs was issued to through registered post. OPs No.1&2 appeared through counsel and filed written statements. Whereas notice of OPs No.3&4 has not been  received back un-served within 30 days of its issuance. They deemed to have been served but not come present to contest the case, were proceeded against exparte.
4. In the written statement filed by OP No.1 it took various preliminary objections. On merits, it is submitted that on receipt of intimation of loss, OP No.1 deputed Adapt Insurance Surveyor and Loss Assessors to investigate and assess the loss, who found in their report that it is a construed that the user at the time of death was driving non registered motor cycle which as per the Motor Vehicle Act is not permissible. The claim falls beyond the scope of the policy and may be treated as no claim. The loss was thus repudiated on 23.10.2018 and the complainant was informed accordingly. There is no deficiency of service on the part of the OP. After denying all other averments, OP No.1 prayed for the dismissal of the complaint.
5. In the written statement filed by OP No.2 it also took various preliminary objections. On merits it is admitted that a debit card was issued to Ram Saran with the accidental death cover of Rs.5lacs.It is admitted to the extent that death claim of Ram Saran was rejected  on the ground of not driving the vehicle with registration number. It is submitted that Axis Bank has been unnecessarily made part of the present complaint as the matter is only between OP No.1 and the complainant. The bank is mere a facilitating agent. There is no deficiency of service on the part of OP No.2.After denying all other averments made in the complaint, OP has prayed for the dismissal of complaint.
6. To prove her case, ld. counsel has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Ex.C1 copy of passbook, Ex.C2 copy of debit card,Ex.C3 copy of FIR,Ex.C4 copy of postmortem report,Ex.C5 copy of death certificate,Ex.C6 copy of death claim form,Ex.C7 rejection letter dated 1.11.2018 of Axis Bank,Ex.C8  copy of rejection letter issued by New India Assurance Co.,Ex.C9  to Ex.C12 copies of legal notice,Ex.C13 to Ex.C16 original postal receipts,Ex.C17 copy of documents for claim and closed the evidence.
7. Ld. counsel for OP NO.1 has tendered in evidence, Ex.OPB affidavit of Sh. Rajinder Singh Mahatam, Sr. Divisional Manager, NIA alongwith documents, Ex.OP1 copy of insurance policy, Ex.OP2 copy of repudiation letter, Ex.OP3 copy of adept surveyor report (7 pages) and closed the evidence.
8. Ld. counsel for OP No.2 has tendered in evidence, Ex.OPA affidavit of Manish Singla, Branch Manager Axis Bank and closed the evidence.
9. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
10. The husband of the complainant namely Ram Saran was having saving bank account No.914010007229324 with OP No.3, copy of pass book is Ex.C1. He was issued debit card bearing No.5361 3200 0225 4872, which was valid upto 11/2021, copy of same is Ex.C2. It has been argued that he was insured for Rs.5lacs, in case of accidental death against insurance policy issued by OP No.1. Husband of the complainant met with fatal accident on 27.1.2018.FIR was registered at P.S.Sadar, Patiala, copy of which is Ex.C3. Postmortem report and death certificate of the deceased are Exs.C4 &C5. Death claim was then lodged by the complainant vide claim form Ex.C6 with OP No.1. However, the same was rejected vide letter,Ex.C8/Ex.OP2 on the grounds that Ram Saran i.e. husband of the complainant was driving a non registered vehicle at the time of accident. As per Motor Vehicle Act, it is an offence and is prohibited and the claim stands rejected. Intimation in this regard was sent by OP No.2 to the complainant vide letter dated 1.11.2018, Ex.C7. Complainant then served legal notices Ex.C9 to C12 upon the OPs No.1to4 to which no reply was given by either of the OPs, which shows admission of the facts on their part.
11. OPs No. 2 to 4 in para No.3 of their written statement have admitted that debit card in question was issued to Ram Saram and he was covered under accidental death cover of Rs.5lacs. The said fact has also been admitted by Sh.Manish Singla, Branch Manager, Axis Bank Ltd, in para no.8 of his affidavit, Ex.OPA. As such there is no dispute to the fact that Ram Saran, husband of the complainant was insured for Rs.5lacs, in case of accidental death. The fact that complainant died due to an accident has also been proved by the FIR                         (Ex.C3) and Postmortem report(Ex.C4), leading to the death of Ram Saran, husband of the complainant in an accident.
12. The only ground on which the claim has been rejected by OP No.1 is that the deceased was driving a non registered vehicle at the time of accident, as such complainant is not entitled for any compensation. He has also relied upon the citation United India Insurance Co. Ltd. Vs. Sushil Kumar Godara 2021 ACJ 2673 decided by Hon’ble Supreme Court of India on 30.9.2021.  This ruling does not extent any help to the case of OP No.1 due to the reason that the facts and circumstances of the cited authority are not applicable to the facts and circumstances of the case in hand. In the instant case it is a case of death claim of Ram Saran in an accident and not of the vehicle.   Moreso, death of Ram Saran has also been proved by FIR and Postmortem report as mentioned above. Not only this, it has also been proved vide report Ex.OP3, prepared by OP No.1 that Ram Saran, husband of complainant was hit by an XUV vehicle bearing No. PB 11 AX 0004 being driven in rash and negligent manner dashed deceased’s motor cycle on its rear side leading to his death. Therefore, rejection of death claim of Ram Saran in an accident, on the ground that the vehicle was not registered at the time of accident is not justified and amounts to deficiency in service on the part of OP No.1.
13. In view of our aforesaid discussion, complaint is allowed and OP No.1 is directed as follows;
    1.  
    2.  
14.           The instant complaint could not be disposed of within stipulated period due to Covid protocol and for want of Quorum from long time.
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85109252238717.  

                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President