Punjab

Sangrur

CC/30/2015

Kaka Ram - Complainant(s)

Versus

New India Assurnace - Opp.Party(s)

Shri Rajan Kapil

13 May 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

                                                               

 

                                                Complaint No.    30

                                                Instituted on:      15.01.2015

                                                Decided on:       13.05.2015

 

 

1.     Kaka Ram aged 60 years son of Shri Dev Raj, resident of Village Ratolan, Tehsil Sunam, District Sangrur.

2.     Amarjit Kaur wife of Kaka Ram son of Shri Dev Raj, resident of village Ratolan, Tehsil Sunam, District Sangrur.

                                                        ..Complainants

                                        Versus

The New India Assurance Company Limited, Divisional Office, College Road, Sangrur through its Divisional Manager.

                                                        ..Opposite party

 

 

For the complainants   :       Shri Rajan Kapil, Adv.

For OP                      :       Shri Ashish Kumar, Adv.

 

 

 

Quorum:    Sukhpal Singh Gill, President

                Sarita Garg, Member

 

 

 

Order by : Sukhpal Singh Gill, President.

 

1.             Shri Kaka Ram and Smt. Amarjit Kaur,  complainants (referred to as complainants in short) have preferred the present complaint against the opposite party (referred to as OP in short) on the ground that  son of the complainants, namely, Shri Som Nath obtained the services of the OP by getting insured his motorcycle baring registration number PB-13-AD-0878 vide policy number 361300310100001394 for the period from 24.10.2013 to 24.10.2014. It is further averred that the OP also charged special premium for personal accident claim. It is further stated that the complainant number 1 is the nominee for the purpose of receiving all the claims.  It is stated that unfortunately Mr. Som Nath, insured met with an accident on 9.8.2014 and died at the spot, of which DDR number 09 dated 9.8.2014 was recorded u/s 174 Cr.PC at PP Mehlan.  Post mortem on the dead body of Mr. Som Nath was also conducted at Civil Hospital, Sangrur.  It is stated that thereafter the claim was lodged with the OPs and the OPs paid an amount of Rs.1,00,000/- on account of claim under personal accident policy only on 7.10.2014. 

 

2.             Further case of the complainant is that in the said accident the insured motor cycle was also damaged, which was got repaired by spending an amount of Rs.22,131/- and the spares were purchased from M/s. Bharat Auto Spares Sangrur on 29.10.2014, from M/s. M.S. Auto Service vide bill number 3 dated 18.10.2014 and from M/s. Goyal and Sons, Sangrur vide invoice dated 2.10.2014 and 15.10.2014 and thereafter the complainant lodged the claim with the OP, but no payment was made despite his best efforts. Thus, alleging deficiency in service on the part of the OP, the complainant has prayed that the OP be directed to pay the claim amount of Rs.22,131/- along with interest @ 18% per annum and further claimed compensation and litigation expenses.

 

3.             In reply filed by the OP, it is admitted that the motorcycle in question of Shri Som Nath was insured with the OP for the period from 24.10.2013 to 23.10.2014 for Rs.38000/-.  It is admitted that after receiving the intimation dated 11.8.2014 regarding the accident of the motorcycle in question, the OP immediately appointed Shri Vinod Kumar Jain, independent surveyor and loss assessor to assess the loss. The said surveyor submitted his report dated 22.11.2014 and assessed the loss as Rs.15,059/- after deducting the depreciation on metal and rubber parts. It is further averred that the OP sent registered letters dated 23.12.2014 and 22.1.2015 to Kaka Ram father of the insured to submit legal heir certificate duly attested by First Class Magistrate and registration certificate in his name after transferring the same. It is further stated that inspite of receiving the letters from the OP, the complainant did not bother to complete the requirements. It is denied that Kaka Ram was the nominee under the policy. It is further stated that Kaka Ram was appointed nominee only under PA cover for owner/driver. It is stated that all the legal heirs  of the deceased are entitled to get the claim amount from the company. It is denied that Kaka Ram spent an amount of Rs.22,131/- for repair of the motorcycle in question.  However, it is stated that the OP is still ready to pay Rs.15059/- as claim amount, in case of completion of formalities.

 

4.             The learned counsel for the complainant has produced Ex.C-1 affidavit, Ex.C-2 copy of passbook, Ex.C-3 copy of policy, Ex.C-4 to Ex.C-8 copies of bills, Ex.C-9 copy of form 25.35, Ex.C-10 copy of death certificate, Ex.C-11 copy of PMR, Ex.C-12 copy of letter dated 11.8.2014 and closed evidence. On the other hand, the learned counsel for the OP has produced Ex.OP-1 copy of policy, Ex.OP-2 copy of terms and conditions, Ex.OP-3 copy of survey report, Ex.OP-4 to Ex.OP-6 copies of letters, Ex.OP-7 to Ex.OP-8 affidavits and closed evidence.

 

5.             We have very carefully perused the pleadings of the parties and heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits acceptance, for these reasons.

 

6.             It is an admitted fact that Shri Som Nath son of the complainants got insured his motorcycle bearing registration certificate number PB-13-AD-0878 under the policy in question for the period from 24.10.2013 to 23.10.2014 vide policy document, copy of which on record is Ex.OP-1. It is also an admitted fact that Shri Som Nath insured died in an accident on 9.8.2014, of which personal accident claim of Rs.1,00,000/- has already been paid by the OP to the complainant number 1 on 7.10.2014. 

 

7.             Now, the complainants have claimed the amount of Rs.22,131/- spent on the repairs of the motorcycle in question. On the other hand, the stand of the OPs is that the complainant is not the nominee under the policy for on damage claim, as such, has contended that the complainants are required to submit the legal heir certificate duly attested by the 1^St class Magistrate.  It is also contended by the learned counsel for the OP that the surveyor had assessed the loss payable to the complainants only to the tune of Rs.15,059/-.  To support such a contention, the learned counsel for the OP has also referred the affidavit of Shri Vinod Kumar Jain, whereby it has been mentioned that he examined the above said vehicle and assessed the loss to the tune of Rs.15059/- only. 

 

8.             It is worth mentioning here that on 28.4.2015, the learned counsel for the complainant filed an application for impleading Smt. Amarjit Kaur, mother of the deceased Som Nath as complainant number 2, which was not objected by the learned counsel for the OP, as such, the application of the complainant was allowed and the complainant was directed to file the amended memo of the parties which was accordingly filed by the learned counsel for the complainant.  A bare perusal of the application itself reveals that complainant Kaka Ram and Amarjit Kaur are the only legal heirs of the deceased Som Nath and are entitled to get the insurance claim.  It is also mentioned in the application that the deceased Som Nath was unmarried and there is no other legal heir and the sisters of Som Nath have already been married since long ago.  Since the complainants are the mother and father of the deceased/insured Shri Som Nath, we feel that the claim in question can be allowed, as there is no other legal heir to claim the amount and Shri Som Nath was also unmarried at the time of accident and death, having no other legal heirs.

 

9.             We have very carefully perused the case file and are of the considered opinion that ends of justice would be met if the OP is directed to pay to the complainant number 2 (who is the first class legal heir of the complainant) an amount of Rs.15059/- as assessed by the surveyor, vide his report dated 22.11.2014, which is on record as Ex.OP-3, as there is no other legal heir of Shri Som Nath (deceased).

10.            In view of our above discussion, we allow the complaint and direct the OP to pay to the complainant number 2 an amount of Rs.15059/- along with interest @ 9% per annum from the date of filing of the present complaint i.e. 15.01.2015 till realisation.   In the circumstances of the case, the parties are left to bear their own costs.

11.            This order of ours be complied with within a period of thirty days of its communication. A copy of this order be supplied to the parties free of cost. File be consigned to records.

                Pronounced.

                May 13, 2015.

                                                        (Sukhpal Singh Gill)

                                                           President

 

 

                                                          

                                                                (Sarita Garg)

                                                                   Member