DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

 

CASE   NO:   CC- 54   of   2021

 

 

 

Smt. Sankari Ghosh,

W/O- Late Ashim Kr. Ghosh,

Noabadi, P.S. Jirania, P.O. Jirania,

District- West Tripura- 799045.    .............Complainant.

 

 

-VERSUS-

 

 

New India Assurance Company Limited,

Agartala Divisional Office, Mantri Bari Road,

P.S. West Agartala, District- West Tripura- 799001.

To be Represented by  

The Divisional Manager. ..................Opposite Party.

 

 

 

   

__________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA, AGARTALA.

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

 

C O U N S E L

 

For the Complainant : Sri Sampad Choudhury, 

  Smt. Rinku Shil,    

  Learned Advocates. 

 

For the Opposite Party : Sri Bijan Saha,

  Learned Advocate.

 

 

 

ORDER  DELIVERED  ON:    .04.2023.

 

F I N A L    O R D E R

1. Sankari Ghosh, W/o- Sri Ashim Kr. Ghosh, since deceased has filed this complaint for a sum of Rs.15 lakhs,  the compulsory P.A. coverage of Ashim Ghosh as Ashim Ghosh died on 04.10.2020 in a motor vehicle accident on 02.10.2020 near Mandai Bazar while he had been driving his registered Motor bike bearing No. TR 03 A 4933. 

2. Over this accident NCC P.S. G.D. Entry No. 19 dated 04.10.2020 was registered. Sankari Ghosh raised her claim with the O.P. Insurance company which was denied on the ground of delayed claim and the O.P. Insurance company also denied the factum of the accident. 

3. Vide order dated 01.11.2021 the case proceeded exparte against the O.P. Insurance Company. However, the Insurance Company preferred Appeal before the Hon'ble State Commission and Hon'ble State Commission vide order dated 06.09.2022 was pleased to set aside the exparte order. Hence, the O.P. Insurance company submitted written objection. 

4. The complainant submitted evidence on affidavit. The O.P. also submitted evidence on affidavit.

 

5. The complainant submitted the Policy of Insurance, Driving License of Ashim Kr. Ghosh, since deceased. Copy of G.D. Entry has also been submitted.

 

6. During argument Learned counsels argued their case and on the basis of argument the following points emerged for discussion and decision:-

(i) Whether Ashim Kr. Ghosh, since deceased died in motor vehicle accident occurred on 02.10.2020  and he had valid driving license and his motor bike was duly insured with the O.P. Insurance company?

(ii) Whether the claimant being wife of Ashim Kr. Ghosh is entitled to the compulsory P.A. coverage with compensation due to deficiency in service by the O.P.?

 

DECISION AND REASONS FOR DECISION:-

7. Both the points are taken up together.

The complainant by her pleading, evidence and by submitting the copy of G.D. Entry has proved the factum of accident. The driving license of Ashim Kr. Ghosh shows that he had valid driving license from 03.11.2010 to 29.11.2023 covering the period of accident. The Policy of Insurance also proves that the motor vehicle bearing registration No. TR 03 A 4933 was insured with the O.P. Insurance company covering period from 11.10.2019 to 10.10.2020 and premium was paid for P.A. coverage of Rs.15 lakhs. 

8. The stand of O.P. that claim was lodged belatedly is not tenable because while the O.P. preferred Appeal before the Hon'ble State Commission, took the plea that due to Covid-19 Pandemic they could not submit written objection in time. Therefore, the same ground is available to the complainant also even if any delay occurred in raising claim with the O.P. Insurance company. Hence, the O.P. Insurance company was not justified in repudiating the claim of the complainant. Thus, it is itself deficiency in service on the part of the O.P. Insurance company.

 

9. Both the points are decided accordingly in affirmative in favour of the complainant.

 

10. In the result, it is ordered that the O.P. Insurance company shall pay the sum of Rs.15 lakhs, the P.A. coverage with interest @ 7.5% P.A. from 26.07.2021, the date of filing this complaint, till the date of actual payment. Further, the O.P. Insurance company shall pay a compensation of Rs.20,000/-(Rupees Twenty Thousand) to the complainant for deficiency in service which is inclusive of litigation cost. This amount shall carry interest @ 7.5% unless paid within 30(thirty) days from today till the date of actual payment.

 

11. The case stands disposed off.

Supply a copy of this Final Order free of cost to both the parties.

 

Announced.

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA,AGARTALA

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA.